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SUMMARY OF 2015

PUBLIC ACTS

Connecticut General Assembly

OFFICE OF LEGISLATIVE RESEARCH


LEGISLATIVE OFFICE BUILDING
ROOM 5300
HARTFORD, CT 06106
E-Mail:
Telephone:
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olr@cga.ct.gov
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OFFICE OF LEGISLATIVE RESEARCH


Stephanie DAmbrose, Director
Duke Chen, Project Manager
Michelle Kirby, Assistant Project Manager
Tracey Jones-Otero, Project Coordinator
Research Staff
Terrance Adams
Julia Singer Bansal
Duke Chen
Nicole Dube
Kate Dwyer
Mary Fitzpatrick
Paul Frisman
Lee Hansen
Janet Kaminski Leduc
Michelle Kirby
Kristen Miller
John Moran
James Orlando
Rute Pinho
Heather Poole
John Rappa
Alex Reger
Christopher Reinhart
Veronica Rose
Kristin Sullivan
Marybeth Sullivan
Library Staff
Jennifer Bernier
Elizabeth Covey
Christine McCluskey
Carrie Rose
Support Staff
Carease Gadson
Brandon Seguro

TABLE OF CONTENTS
Notice to Users ...................................................................................................................................................................... ii
2015 Vetoed Acts ................................................................................................................................................................. iii
Table on Penalties ................................................................................................................................................................. iv
Emergency Certification ........................................................................................................................................................ 1
Aging Committee................................................................................................................................................................. 35
Banking Committee ............................................................................................................................................................. 41
Committee on Children ........................................................................................................................................................ 55
Commerce Committee ......................................................................................................................................................... 73
Education Committee .......................................................................................................................................................... 77
Energy and Technology Committee .................................................................................................................................. 105
Environment Committee .................................................................................................................................................... 115
Finance, Revenue and Bonding Committee ....................................................................................................................... 131
General Law Committee .................................................................................................................................................... 135
Government Administration and Elections Committee ..................................................................................................... 141
Higher Education and Employment Advancement Committee ......................................................................................... 161
Housing Committee ........................................................................................................................................................... 169
Human Services Committee .............................................................................................................................................. 171
Insurance and Real Estate Committee ............................................................................................................................... 189
Judiciary Committee .......................................................................................................................................................... 203
Labor and Public Employees Committee........................................................................................................................... 249
Planning and Development Committee ............................................................................................................................. 261
Program Review and Investigations Committee ................................................................................................................ 275
Public Health Committee ................................................................................................................................................... 281
Public Safety and Security Committee .............................................................................................................................. 329
Transportation Committee ................................................................................................................................................. 335
Veterans' Affairs Committee ............................................................................................................................................. 345
June 2015 Special Session ................................................................................................................................................. 347
Index by Subject ................................................................................................................................................................ 475
Index by PA Number ......................................................................................................................................................... 531

i
2015 OLR PA Summary Book

NOTICE TO USERS
This publication, Summary of 2015 Public Acts, summarizes all public acts passed during the 2015
Regular Session and June 2015 Special Session of the Connecticut General Assembly. Special acts are not
summarized.
Use of this Book
The Office of Legislative Research encourages dissemination of this material by photocopying, reprinting
in newspapers (either verbatim or edited), or by other means. Please credit the Office of Legislative Research
when republishing the summaries.
The office strongly discourages using the summaries as a substitute for the public acts. The summaries are
meant to be handy reference tools, not substitutes for the text. The public acts are available in public libraries
and can be purchased from the secretary of the state. They are also available online from the Connecticut
General Assemblys Website (http://www.cga.ct.gov).
Organization of the Book
The summaries are organized in chapters based on the committee that sponsored the bill. Bills sent directly
to the floor without committee action (emergency certification) are placed in a separate chapter. Within each
chapter, summaries are arranged in order by public act number.

ii
2015 OLR PA Summary Book

2015 VETOED ACTS


1. PA 15-2, An Act Concerning Reporting Requirements of the University of Connecticut and the Board of
Regents for Higher Education Regarding Financial Aid and Requiring Legislative Approval for the
Closure of Certain College Campuses and Manufacturing Programs (Higher Education and Employment
Advancement Committee)
2. PA 15-18, An Act Concerning Student Membership on the Board of Trustees for the University of
Connecticut (Higher Education and Employment Advancement Committee)
3. PA 15-111, An Act Concerning Program Approval for Independent Institutions of Higher Education
(Higher Education and Employment Advancement Committee)
4. PA 15-112, An Act Concerning Unsubstantiated Allegations of Abuse or Neglect by School Employees
(Committee on Children)
5. PA 15-125, An Act Concerning Recommendations of the School Nurse Advisory Council (Public Health
Committee)
6. PA 15-126, An Act Concerning Coinsurance Clauses in Certain Commercial Insurance Policies and
Contracts (Insurance and Real Estate Committee)
7. PA 15-145, An Act Concerning the Collection and Reporting of Data Relating to Special Education
Expenditures (Education Committee)
8. PA 15-176, An Act Establishing Qualifications for the Commissioner of Education (Education
Committee)
9. PA 15-188, An Act Concerning Reemployment and the Municipal Employees Retirement System (Labor
and Public Employees Committee)

iii
2015 OLR PA Summary Book

TABLE ON PENALTIES
Crimes
The law authorizes courts to impose fines, imprisonment, or both when sentencing a convicted criminal.
For most crimes, the court may also impose a probation term. For eligible offenders, the court may order
participation in various programs, such as accelerated rehabilitation or the pretrial alcohol education program,
and dismiss the charges upon the offenders successful completion of the program.
When sentencing an offender to prison, the judge must specify a period of incarceration. The prison terms
below represent the range within which a judge must set the sentence. A judge may suspend all or part of a
sentence unless the statute specifies it is a mandatory minimum sentence. The judge also sets the exact
amount of a fine, up to the established limits listed below. Repeated or persistent offenses may result in a
higher maximum than specified here
Classification of Crime
Class A felony (murder with special circumstances)
Class A felony (murder)
Class A felony (aggravated sexual assault of a minor)
Class A felony
Class B felony (1st degree manslaughter with a firearm)
Class B felony
Class C felony
Class D felony
Class E felony
Class A misdemeanor
Class B misdemeanor
Class C misdemeanor
Class D misdemeanor

Imprisonment

Fine

Life, without release


25 to 60 years
25 to 50 years
10 to 25 years
5 to 40 years
1 to 20 years
1 to 10 years
up to 5 years
up to 3 years
up to 1 year
up to 6 months
up to 3 months
up to 30 days

up to $20,000
up to 20,000
up to 20,000
up to 20,000
up to 15,000
up to 15,000
up to 10,000
up to
5,000
up to
3,500
up to
2,000
up to
1,000
up to
500
up to
250

Violations
CGS 53a-43 authorizes the Superior Court to fix fines for violations up to a maximum of $500 unless the
amount of the fine is specified in the statute establishing the violation. CGS 54-195 requires the court to
impose a fine of up to $100 on anyone convicted of violating any statute without a specified penalty.
A violation is not a crime. Most statutory violations are subject to Infractions Bureau procedures which
allow the accused to pay the fine by mail without making a court appearance. As with an infraction, the
bureau will enter a nolo contendere (no contest) plea on behalf of anyone who pays a fine in this way. The
plea is inadmissible in any criminal or civil court proceeding against the accused.
Infractions
Infractions are punishable by fines, usually set by Superior Court judges, of between $35 and $90, plus a
$20 or $35 surcharge and an additional fee based on the amount of the fine. There may be other added charges
depending upon the type of infraction. For example, certain motor vehicle infractions trigger a Transportation
Fund surcharge of 50% of the fine. With the various additional charges the total amount due can be over $300
but often is less than $100.
An infraction is not a crime; and violators can pay the fine by mail without making a court appearance.

iv
2015 OLR PA Summary Book

EMERGENCY CERTIFICATION
PA 15-244HB 7061
Emergency Certification

9.

AN ACT CONCERNING THE STATE BUDGET


FOR THE BIENNIUM ENDING JUNE 30, 2017,
AND MAKING APPROPRIATIONS THEREFOR,
AND OTHER PROVISIONS RELATED TO
REVENUE, DEFICIENCY APPROPRIATIONS
AND TAX FAIRNESS AND ECONOMIC
DEVELOPMENT
SUMMARY: This act appropriates funds for state
agencies and programs and estimates state revenue for
FYs 16 and 17. It carries forward unspent balances from
prior years appropriations and directs funds to be spent
for specific programs and purposes, adjusts FY 15
appropriations to cover deficiencies, and transfers
revenue from various sources to the General Fund for
FYs 15 through 17. Among other things, the act:
1. freezes funding for the states share of retired
teachers health insurance costs and requires
the retired teachers health insurance account
to pay any remaining costs ( 19);
2. establishes municipalities education cost
sharing (ECS) grants ( 33); and
3. modifies the methodology for calculating the
states spending cap for FYs 15 through 17 (
35).
Among its major state tax provisions, the act:
1. fully exempts federally taxable military
retirement pay from the state income tax (
65);
2. increases marginal income tax rates for certain
higher income filers ( 66);
3. eliminates certain sales and use tax exemptions
and extends the tax to new taxable goods and
services ( 71, 74-77 & 219);
4. increases, from 7% to 7.75%, the sales and use
tax rate on specified luxury items ( 72 & 73);
5. directs a portion of sales tax revenue to the
Municipal Revenue Sharing Account (MRSA)
and Special Transportation Fund (STF) ( 74);
6. extends the 20% corporation income tax
surcharge that was set to expire after the 2015
income year for two additional years (the 2016
and 2017 income years) and imposes an
additional temporary 10% surcharge for the
2018 income year ( 83 & 84);
7. limits the extent to which corporations,
insurance companies, and hospitals may use
tax credits to reduce the amount of taxes they
owe ( 85-89);
8. imposes a new mandatory combined reporting
requirement for groups of related corporations
meeting certain criteria ( 138-163);

establishes a new 6% gross receipts tax on


ambulatory surgical centers ( 172); and
10. increases the cigarette tax in two steps, from
(a) $3.40 to $3.65 per pack on October 1, 2015
and (b) $3.65 to $3.90 per pack on July 1, 2016
( 176-180).
The act authorizes several initiatives to strengthen
municipalities fiscal capacity and minimize disparities
resulting from the property tax on motor vehicles.
Specifically, it:
1. beginning in FY 17, restructures the states
payment in lieu of taxes (PILOT) program by
establishing minimum annual reimbursement
rates and a method for disbursing PILOT
grants when appropriations are not enough to
fund the full grant amounts;
2. requires the Office of Policy and Management
(OPM) to distribute MRSA funds for
municipal grant programs, including newly
established motor vehicle property tax grants,
municipal revenue sharing grants, and regional
services grants for councils of government
(COG);
3. authorizes a regional property tax base revenue
sharing program for municipalities within a
planning region to share up to 20% of the
property tax revenue generated on specified
commercial and industrial property; and
4. caps the mill rate municipalities and special
taxing districts may impose on motor vehicles
at (a) 32 mills for the 2015 assessment year and
(b) 29.36 mills for the 2016 assessment year
and thereafter.
Among its other major provisions, the act:
1. increases the number of package store or
druggist liquor permits in which a person may
have an interest from (a) three to four, on July
1, 2015, and (b) four to five, on July 1, 2016 (
81);
2. extends by one hour each day the allowable
hours for alcohol sales for off-premises
consumption by certain alcohol permittees (
82);
3. transfers funds from various accounts to the
General Fund ( 93-95, 99-102, 181-182 &
221);
4. allows the Connecticut Lottery Corporation to
offer keno as a lottery game under certain
conditions ( 103-106);
5. establishes a framework for regulating the
manufacture and sale of electronic nicotine
delivery systems and vapor products ( 108111);

2015 OLR PA Summary Book

EMERGENCY CERTIFICATION

6.

increases license renewal fees for various


Department of Public Health (DPH) licensed
professionals and directs the revenue generated
to fund the professional assistance program for
DPH-regulated professionals ( 112-137); and
7. establishes a mechanism for diverting projected
surpluses in certain tax revenues to the Budget
Reserve (i.e., Rainy Day) Fund (BRF) (
164-169).
EFFECTIVE DATE: July 1, 2015, unless otherwise
noted below.
1-9 FY 16 AND FY 17 APPROPRIATIONS
The act appropriates money from the states nine
appropriated funds for state agency operations and
programs in FYs 16 and 17. Table 1 shows the net
annual appropriations for each year from each fund.
Table 1: FY 16 and FY 17 Net Appropriations by Fund

Fund

1
2

Net Appropriation
FY 16
FY 17
$ 18,175,553,801 $ 18,738,158,675
1,416,073,382
1,496,138,933

General Fund*
STF
Mashantucket Pequot
3
61,779,907
61,779,907
and Mohegan Fund
Regional
Market
4
1,061,237
1,067,306
Operation Fund
5
Banking Fund
29,636,246
29,889,297
6
Insurance Fund
79,933,789
81,351,940
Consumer
Counsel
7
and Public Utility
26,990,146
26,953,593
Control Fund
Workers'
8
27,312,126
26,982,874
Compensation Fund
Criminal
Injuries
9
2,851,675
2,934,088
Compensation Fund
*PA 15-5, June Special Session ( 155 & 156) reduces net General Fund
appropriations by $14 million in FY 16 and $ 27 million in FY 17.

10, 11 & 38 GENERAL FUND AND


PERSONAL SERVICES SAVINGS
For FYs 16 and 17, the act requires OPM to
recommend spending reductions in each branch of
government to reduce General Fund and personal
services expenditures. Table 2 lists the annual spending
reductions for each branch. The provision concerning
personal services reductions does not apply to the higher
education constituent units.
Table 2: FY 16 and FY 17 Spending Reductions
Branch
Executive
Legislative
Judicial

General Fund
FY 16
FY 17
$ 9,678,316 $ 9,678,316

Personal Services
FY 16
FY 17
$ 30,920,000
$ 30,920,000

39,492

39,492

770,000

770,000

282,192

282,192

3,310,000

3,310,000

The act also requires the OPM secretary to


recommend savings to reduce General Fund
expenditures by $7,110,616 in FY 16 and $12,816,745
in FY 17. It requires him to apply the reductions only to
state employees and in an appropriate and proportionate
manner among branches and agencies. In doing so it
overrides the statutory requirement that the budget act
specify the amount of any statewide unallocated budget
reductions to be achieved in each branch of government
(CGS 2-35 (c)).
(PA 15-5, June Special Session (JSS) ( 155 &
156) adds $12.5 million in targeted General Fund
annual savings for FY 16 and FY 17. It also permits the
OPM secretary to reduce specified allotments to achieve
the savings.)
12 MUNICIPAL AID REDUCTIONS
The act requires the OPM secretary to recommend
municipal aid spending reductions for FY 16 and FY 17
to reduce General Fund expenditures by $20,000,000 in
each year.
13 APPROPRIATIONS FOR
NONFUNCTIONAL CHANGE TO ACCRUALS
The act bars the OPM secretary from allotting
funds from the Nonfunctional Change to Accruals line
item accounts in each of the states nine appropriated
funds, regardless of the law requiring the governor,
through OPM, to allot appropriations before they can be
spent. These line items represent the change to accruals
in agency budgets due to the conversion to generally
accepted
accounting
principles
(GAAP)-based
budgeting.
14 FEDERAL REIMBURSEMENT FOR
DEPARTMENT OF SOCIAL SERVICES (DSS)
PROJECTS
For FY 16 and FY 17, the act authorizes DSS, with
OPMs approval, to establish receivables for the
anticipated reimbursement from approved projects. It
must do so in compliance with any advanced planning
documents approved by the federal Department of
Health and Human Services.
15 NEWBORN SCREENING ACCOUNT
For FYs 16 and 17, the act allocates $3,109,177
annually, rather than the statutorily required $500,000
per fiscal year, to the General Funds newborn
screening account. The funding comes from fees the
Department of Public Health (DPH) charges institutions
for comprehensive newborn testing, parent counseling,
and treatment. DPH must use $1.91 million of the
allocated amount for upgraded screening technology

2015 OLR PA Summary Book

EMERGENCY CERTIFICATION

and testing expenses. Of the remaining allocation, the


act (1) credits $600,000 to DPHs personal services
account to offset the screening programs personnel
costs and (2) makes $599,177 available to DPH for
grants to newborn screening regional and sickle cell
disease treatment centers.

2.

16 DEPARTMENT OF CHILDREN AND


FAMILIES (DCF)-LICENSED PRIVATE
RESIDENTIAL TREAMENT FACILITIES
The act suspends per diem and other rate
adjustments for FY 16 and FY 17 for private residential
treatment facilities licensed by DCF.
17 AUTHORITY TO TRANSFER PERSONAL
SERVICES APPROPRIATIONS
The act authorizes the OPM secretary to transfer:
1. personal services appropriations in any
appropriated fund from agencies to the Reserve
for Salary Adjustments account to more

accurately reflect collective bargaining and


related costs and
General Fund appropriations for Reserve for
Salary Adjustments to any agency in any
appropriated fund to implement salary
increases; other employee benefits; agency
costs related to staff reductions, including
accrual payments; or any other authorized
personal service adjustment.

18, 27, 29, 30, 36, 37, 42, 43 & 45 FUNDS


CARRIED FORWARD
Funds Carried Forward for the Same Purpose
The act carries forward various unspent balances
from prior years appropriations and requires them to be
used for the same purpose in FY 16 or FY 17, rather
than lapsing at the end of the fiscal year (see Table 3).

Table 3: Funds Carried Forward for the Same Purpose*

18 (a)

Agency

Purpose
Collective bargaining agreements and related
costs for FY 14 & FY 15
Collective bargaining agreements and related
costs in General and Special Transportation
Funds for FY 16

OPM

18 (b)
OPM
27
29
30 (a)
30 (b)
30 (c)
36 (a)
36 (b)
37 (a)
37 (b)
37 (e)

OPM

Criminal Justice Information System

Department of Motor
Vehicles (DMV)

Commercial Vehicle Information Systems


Networks Project
Upgrading registration and drivers license
processing systems
Upgrading registration and drivers license
processing systems
Upgrading registration and drivers license
processing systems

DMV
DMV
DMV
Secretary of
State (SOTS)

the

and
data
data
data

Connecticut Data Collaborative

Amount
Unspent
balance
Unspent
balance
Unspent
balance
Unspent
balance
Unspent
balance
Up to
$7,000,000
Up to
$8,500,000
Up to
$297,000
Up to
$150,000

SOTS

Electronic voting systems

Office of Legislative
Management (OLM)

Tax study

Up to $70,000

Disparity study by the Connecticut Academy of


Science and Engineering (CASE)
CASE family violence study

Up to
$299,400
Up to $55,000

OLM
OLM

*PA 15-5, JSS ( 402 & 464) adds items to this list.

2015 OLR PA Summary Book

FY
16 & 17
17
16 & 17
16 & 17
16 & 17
16 & 17
16 & 17
16 & 17
16 & 17
16 & 17
16 & 17
16 & 17

EMERGENCY CERTIFICATION

Funds Carried Forward for a Different Purpose


The act carries forward prior years appropriations
to FY 16 or FY 17 and requires them to be used for
other purposes in the same agency, as shown in Table 4.
Table 4: Funds Carried Forward for a Different Purpose *

Agency

Prior
Purpose

New Purpose

Amount

National Center for


Other
Higher Education
OLM
expenses
Management
Systems contract
37 (d)
Charter Oak Group
consulting services
Other
for Appropriations
OLM
expenses
Committee
Accountability
Initiative
45
Multi-year,
comprehensive
analysis of African
State
American, Latino,
Departm
and poor children in
Other
ent
of
Connecticut,
expenses
Educatio
including a grant for
n (SDE)
data and analysis
on the achievement
gap (see 45
below)
* PA 15-5, JSS ( 89, 91 & 336) adds items to this list.

FY

37 (c)

Up to
$96,000

16 & 17

Up to
$47,500

16 & 17

Up to
$100,000

16 & 17

Funds Carried Forward and Transferred


The act carries forward and transfers the amounts
shown in Table 5.
Table 5: Funds Carried Forward and Transferred*

Agency

Amount

From

42 (a)

Department
of Banking
(DOB)

Up to
$412,150

Fringe
benefits

42 (b)

DOB

Up to
$420,920

Fringe
benefits

Department
of
Energy
and
Up to
Solid
43
Environment
$152,000
waste
al Protection
(DEEP)
* PA 15-5, JSS ( 90, 92, & 509) adds items to this list.

To
Personal
services
($221,102);
other
expenses
($10,000);
equipment
($10,800); and
fringe benefits
($170,248), to
hire
four
additional staff
Personal
services
($232,157);
other
expenses
($10,000); and
fringe benefits
($178,763)
Other
expenses
purchase of
pheasants

FY

16

17

19 STATE PAYMENTS FOR RETIRED


TEACHERS HEALTH INSURANCE
For FYs 16 and 17, the act freezes funding at the
FY 15 appropriated level for the states share of retired
teachers health insurance costs and requires the retired
teachers health insurance premium account to pay any
remaining associated costs. In doing so, it overrides the
statute specifying the states share of (1) Teachers
Retirement Board (TRB)-sponsored retiree health plans
and (2) the subsidy for retirees in local board of
education health plans.
Under that statute, annual premiums for the basic
TRB plan are split equally among (1) the General
Fund; (2) the retired teacher; and (3) the retired
teachers health insurance premium account, which is
funded by active teachers who contribute 1.25% of their
salaries to it. For retired teachers covered under local
board health plans, the law requires the TRB to provide
a monthly subsidy to the local boards to offset retired
teachers' local plan premiums. Retirees are responsible
for paying the difference between the subsidy and the
premium cost. By law, the state General Fund pays onethird of the subsidy, and the retired teachers health
insurance account pays two-thirds.
20 & 21 TRANSFERS AND FUNDING
ADJUSTMENTS TO MAXIMIZE FEDERAL
MATCHING FUNDS
The act allows the governor, with the Finance
Advisory Committees (FAC) approval, to transfer all or
part of an agencys General Fund appropriation at its
request to another agency to take advantage of federal
matching funds, as long as both agencies certify that the
receiving agency will spend the money for the original
purpose. Federal funds generated from transfers can be
used to reimburse General Fund spending, expand
services, or both, as the governor, with FAC approval,
determines.
The act also allows the governor, with FAC
approval, to adjust an agencys General Fund
appropriation to maximize federal funding to the
state. The governor must report on any adjustment to the
Appropriations and Finance, Revenue and Bonding
committees.
22 & 24 TRANSFERS TO MEDICAID
ACCOUNT

16

The act allows the OPM secretary to transfer all or


part of any FY 16 or FY 17 General Fund appropriation
for the UConn Health Center or the Department of
Veterans Affairs to DSSs Medicaid account in order to
maximize federal reimbursement.

2015 OLR PA Summary Book

EMERGENCY CERTIFICATION

23 DSS PAYMENTS TO DEPARTMENT OF


MENTAL HEALTH AND ADDICTION SERVICES
(DMHAS) HOSPITALS
The act requires DSS to spend money appropriated
to it for FY 16 and FY 17 for DMHAS
Disproportionate Share payments when and in the
amounts OPM specifies. DSS must make payments to
DMHAS hospitals for operating expenses and related
fringe benefits. Hospitals must reimburse the
comptroller for the fringe benefit payments and deposit
the other funds into grants other federal accounts.
Unspent disproportionate share funds in the grants
account must lapse at the end of each fiscal year.
25 BIRTH-TO-THREE PROGRAM
For FYs 16 and 17, the act requires SDE to
annually transfer $1 million of the federal special
education funds it receives to the Department of
Developmental Services (DDS) for the Birth-To-Three
Program to carry out special education-related
responsibilities consistent with federal special education
law. (PA 15-5, JSS ( 259-261) shifts responsibility for
the Birth-to-Three Program from DDS to the Office of
Early Childhood.)
26 & 31 RESERVED AMOUNTS FROM LINE
ITEM APPROPRIATIONS
The act reserves certain amounts from line items in
agency budgets for various purposes, as shown in Table
6.
Table 6: Reserved Amounts from FY 16 and FY 17 Line Item
Appropriations*

Agency

Appropriation
For

Reserved For

Regional
Action
Councils ($353,025)
and
Governors
26 DMHAS
Prevention
Partnership
($475,950)
Maintenance
of
Board of
Connecticut
National Iwo Jima
31 Regents
State University Memorial and Park
(BOR)
in Newington
*PA 15-5, JSS ( 343 & 507) adds items to this list.
Pretrial
Education
Program

Amount
Up to
$828,975
annually

Up to
$50,000

28 DDS AND DMHAS COST SETTLEMENTS


WITH PRIVATE AND NONPROFIT PROVIDERS
During FYs 16 and 17, the act requires private and
nonprofit organizations providing services under
contract with DDS or DMHAS to reimburse these
agencies at 100%, or an alternate amount identified by
the DDS or DMHAS commissioners and approved by
the OPM secretary, of the difference between the actual
expenses incurred and the amount the organization

received from these agencies under the contract.


32 PRIVATE OCCUPATIONAL SCHOOL
STUDENT PROTECTION ACCOUNT
The act overrides statutory restrictions to allow the
Office of Higher Education (OHE) to spend up to
$525,000 in FY 16 and up to $575,000 in FY 17 from
the private occupational school student protection
account.
33 EDUCATION COST SHARING (ECS)
GRANTS
The act establishes each municipalitys ECS grant
for FYs 16 and 17. The act also transfers $10 million in
FY 16 and again in FY 17 from MRSA for ECS grants
(see 207).
34 CITIZENS ELECTION FUND (CEF)
TRANSFERS
For FYs 16 and 17, the act transfers funds from the
CEF to SOTS for other expenses in the amounts and for
the purposes specified in Table 7. It does so regardless
of a law requiring CEF funds to be used for the Citizen
Elections Program.
Table 7: FY 16 and FY 17 Transfers from CEF to SOTS
Purpose
Annual Dues to the Electronic Registration
Information Center and, in FY 17, mailings
to likely eligible but unregistered voters
Registrar and Deputy Registrar of Voters
training
Grants to Regional Councils of
Government for elections preparation and
post-election activities costs
Election monitoring in Hartford

Amount
FY 16
FY 17
$42,000

$142,000

40,000

40,000

100,000

100,000

N/A

50,000

35 SPENDING CAP CALCULATION


The states statutory and constitutional spending
cap bars the legislature from authorizing an increase in
general budget expenditures for any fiscal year that
exceeds the greater of the percentage increase in
personal income or increase in inflation, unless (1)
the governor declares an emergency or the existence of
extraordinary circumstances and (2) at least three-fifths
of each house of the legislature approves the extra
expenditure for those purposes (CGS 2-33a & Conn.
Const., art. III, 18(b)). By law, the increase in
personal income is the states average annual increase
in personal income for the preceding five years, based
on United States Bureau of Economic Analysis data.
Under prior practice, OPM and the Office of Fiscal
Analysis calculated this average annual increase on a

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fiscal year basis. For FY 15 through FY 17, the act


instead requires them to do so on a calendar year basis.
The act also expands the types of expenditures
excluded from the spending cap to include certain
appropriations for unfunded pension liabilities. By law,
the payment of principal and interest on state bonds,
notes, or other evidences of indebtedness is excluded
from the cap. For FY 15 through FY 17, the act
provides that evidences of indebtedness includes
expenditures for the state employees' and teachers
retirement systems that are used to reduce the systems
unfunded liabilities. In doing so, it excludes such
spending from the cap.
As under existing law, the following expenditures
are also excluded from the cap:
1. statutorily required transfers of unappropriated
General Fund surpluses (a) to the BRF (Rainy
Day Fund) and (b) once the fund reaches the
maximum, to fund the State Employees
Retirement Funds unfunded liability and other
outstanding state debt;
2. statutory grants to distressed municipalities, if
the grants were in effect on July 1, 1991; and
3. payments to implement federal mandates or
court orders for the first fiscal year in which
the spending is authorized.
EFFECTIVE DATE: Upon passage
39 TOBACCO AND HEALTH TRUST FUND
ALLOCATIONS
The act transfers funds from the Tobacco and
Health Trust Fund for the programs and purposes shown
in Table 8.
Table 8: Tobacco and Health Trust Fund Allocations
Agency

DPH

DDS

Program/Purpose
Adult asthma program, within the
easy breathing program
Childrens asthma program, within
the easy breathing program
Connecticut
Coalition
for
Environmental Justice: Asthma
Outreach and Education Program
Implementing
recommendations
from a study of support services for
individuals with autism and their
families

FY 16

FY 17

$150,000

$150,000

250,000

250,000

150,000

150,000

750,000

750,000

41 OVERTIME REDUCTIONS
The act requires the OPM secretary to recommend
$10.5 million in overtime spending reductions each year
for FY 16 and FY 17.
44 & 51 SMART START COMPETITIVE
GRANT ACCOUNT TRANSFERS
The act transfers money disbursed from the
Tobacco Settlement Fund to the smart start competitive
grant account to other agencies for specified purposes.
In FY 16, the act transfers $150,000 of such funds
to the state comptroller for a grant to UConn to conduct
an Early Childhood Regression Discontinuity study in
FY 16.
In FY 17, the act transfers up to $2,000,000 of such
funds to SDE for grants to local and regional boards of
education to reimburse costs they incurred in
implementing, by July 1, 2017, a kindergarten entrance
inventory to measure childrens kindergarten
preparedness.
45 ACHIEVEMENT GAP STUDY
The act requires $50,000 of SDE funds carried
forward from FY 15 (see Table 4) to be made available
for a grant to the Metropolitan Center for Research on
Equity and the Transformation of Schools at New York
University for data and analysis on the achievement gap
of African American, Latino, and poor children in
Connecticut.
The center must annually report on the analysis,
including any related policy recommendations, to the
(1) achievement gap task force, (2) Interagency Council
for Ending the Achievement Gap, (3) SDE
commissioner, and (4) Education and Appropriations
committees.
46 PROBATE COURT ADMINISTRATION
FUND RECEIVABLES
For FY 16 and FY 17, the act allows the Judicial
Department, in consultation with the OPM secretary, to
establish receivables for anticipated revenue for the
Probate Court Administration Fund.
47 CONNECTICUT INSTITUTE FOR
CLINICAL AND TRANSLATION SCIENCE

40 BETHLEHEM ANIMAL CONTROL


For FY 16, the act authorizes a one-time grant of up
to $50,000 from the Department of Agricultures
(DoAg) animal population control account to Bethlehem
to fund its FY 16 animal control expenses.

The act transfers $1 million in FY 16 and FY 17


from the Biomedical Research Trust Fund to the UConn
Health Center to support the Connecticut Institute for
Clinical and Translational Science. The institute must
use $250,000 of the $1 million to conduct breast cancer
research.

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48 JOHN DEMPSEY HOSPITAL FRINGE


BENEFIT DIFFERENTIAL
For FY 16 and FY 17, the act requires the state
comptroller to pay the difference, up to $13.5 million
per fiscal year, between the state fringe benefit rate for
John Dempsey Hospital employees and the average rate
for private Connecticut hospitals from the
appropriations for State Comptroller Fringe benefits.

Table 10: FY 15 General Fund Reductions


Agency
DDS
DSS
UConn
UConn Health Center
BOR
Treasurer

49 BOARD OF REGENTS FOR HIGHER


EDUCATION (BOR) AND UCONN
ADMINISTRATIVE COSTS CAPS

State Comptroller

For FY 16 and FY 17, the act caps the amount BOR


and UConn may spend on administrative costs at 7.25%
and 3.35%, respectively, of their annual General Fund
appropriations and operating fund expenditures,
excluding capital bond and fringe benefits funds.
Under the act, the cap applies to expenditures for
system office, executive management, fiscal operations,
and general administration, and excludes expenditures
for logistical services and administrative computing and
development.

Department
Administrative
Services
TOTAL

of

For FY 16, the act requires the public health


commissioner to proportionately reduce payments to
full-time municipal health departments and health
districts by a total of $234,000.
52-54 FY 15 DEFICIENCY APPROPRIATIONS
AND REDUCTIONS
General Fund
The act (1) appropriates a total of $121,651,000
from the General Fund to cover deficiencies in various
state agencies and programs for FY 15, as shown in
Table 9, and (2) reduces appropriations to various state
agencies and programs for FY 15 by the same amount,
as shown in Table 10.
Table 9: FY 15 General Fund Appropriations

State Comptroller
TOTAL

For
Personal services

Total
$3,680,000

Personal services
Medicaid
Personal services
Personal services

341,000
82,000,000
3,830,000

Adjudicated claims
Retired State Employees
Health Service Cost

10,200,000

4,600,000

For
Personal services
Personal services
Operating expenses
Operating expenses
Community Tech College
System
Connecticut State University
Transform CSCU
Debt service
Unemployment compensation
Higher Education Alternative
Retirement System
Insurance-Group Life
Employers Social Security
Tax
Workers'
Claims

Total
($7,548,000)
(2,000,000)
(7,388,000)
(4,183,000)
(1,780,000)
(4,391,000)
(1,150,000)
(88,141,000)
(432,000)
(906,000)
(432,000)
(2,500,000)

Compensation

(800,000)
(121,651,000)

STF
The act appropriates a total of $20.4 million from
the STF to cover deficiencies in various state agencies
and programs for FY 15, as shown in Table 11.

50 MUNICIPAL HEALTH DEPARTMENTS


AND HEALTH DISTRICTS

Agency
Department of Emergency
Services
and
Public
Protection
DoAg
DSS
Department of Correction
Public Defenders Services
Commission

Table 11: FY 15 STF Appropriations


Agency
DOT
State Comptroller

For
Personal services
Rail operations
State Employees Health Service
Cost

TOTAL

Total
$13,600,000
4,400,000
2,400,000
20,400,000

EFFECTIVE DATE: Upon passage


55 TRANSFERS TO THE GENERAL FUND
The act transfers a total of $8.5 million from
various sources to the General Fund for FY 15, as
shown in Table 12.
Table 12: FY 15 Transfers to the General Fund
Source
Private Occupational School Student
Protection Account
Citizens Election Fund
Judicial Data Processing Revolving Fund
School Bus Seat Belt Account

Amount Transferred
$2,500,000
2,250,000
750,000
3,000,000

EFFECTIVE DATE: Upon passage


56-64 REVENUE ESTIMATES
The act adopts revenue estimates for FY 16 and FY
17 for appropriated state funds as shown in Table 13.

17,000,000
121,651,000

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Table 13: Revenue Estimates for FY 16 and FY 17

Fund
General Fund*
STF*
Mashantucket
Pequot
and
Mohegan Fund
Regional Market Operation Fund
Banking Fund
Insurance Fund
Consumer Counsel and Public
Utility Control Fund
Workers' Compensation Fund
Criminal Injuries Compensation
Fund

FY 16
$18,177,957,470
1,468,100,000

FY 17
$18,739,126,722
1,613,200,000

61,800,000

61,800,000

1,100,000
30,000,000
79,950,000

1,100,000
30,200,000
81,400,000

27,000,000

27,300,000

39,827,000

40,638,000

2,900,000

3,000,000

*PA 15-5, JSS ( 496-497) changes the net revenue estimates for the General Fund
and the STF.

65-70 INCOME TAX


65 Military Retirement Income
The act fully exempts federally taxable military
retirement pay from the state income tax. Prior law
exempted 50% of this retirement pay. The exemption
applies to federal retirement pay for retired members of
the U.S. Army, Navy, Air Force, Marine Corps, Coast
Guard, and Army and Air National Guard.
EFFECTIVE DATE: July 1, 2015 and applicable to tax
years beginning on or after January 1, 2015.
66 Marginal Rate Increases
The act increases marginal income tax rates for
those with taxable incomes over (1) $500,000 for joint
filers, (2) $250,000 for single filers and married people
filing separately, and (3) $400,000 for heads of
household. It does so by (1) increasing the 6.7%
marginal tax rate to 6.9% and (2) adding a seventh,
higher-income tax bracket subject to a 6.99% marginal
tax rate. It also increases the flat income tax rate for
trusts and estates from 6.7% to 6.99%.
Table 14 shows the marginal tax rates and income
brackets under prior law and the act.

Table 14: Tax Brackets and Rates under Prior Law and PA 15-244 by
Filing Status
Single and Married Filing Separately
Prior Law
PA 15-244
Brackets
Rate
Brackets
$0-$10,000
3.00%
$0-$10,000
10,000-50,000
5.00%
10,000-50,000
50,000-100,000
5.50%
50,000-100,000
100,0006.00%
100,000-200,000
200,000
200,0006.50%
200,000-250,000
250,000
250,000-500,000
Over 250,000
6.70%
Over $500,000
Head of Household
Prior Law
PA 15-244
Brackets
Rate
Brackets
$0-$16,000
3.00%
$0-$16,000
16,000-80,000
5.00%
16,000-80,000
$80,0005.50%
80,000-160,000
160,000
160,0006.00%
160,000-320,000
320,000
320,0006.50%
320,000-400,000
400,000
400,000-800,000
Over $400,000
6.70%
Over 800,000
Married Filing Jointly
Prior Law
PA 15-244
Brackets
Rate
Brackets
$0-$20,000
3.00%
$0-$20,000
20,000-100,000
5.00%
20,000-100,000
100,0005.50%
100,000-200,000
200,000
200,0006.00%
200,000-400,000
400,000
400,0006.50%
400,000-500-000
500,000
500,000-1,000,000
Over 500,000
6.70%
Over 1,000,000

Rate
3.00%
5.00%
5.50%
6.00%
6.50%
6.90%
6.99%

Rate
3.00%
5.00%
5.50%
6.00%
6.50%
6.90%
6.99%

Rate
3.00%
5.00%
5.50%
6.00%
6.50%
6.90%
6.99%

EFFECTIVE DATE: Upon passage and applicable to


tax years beginning on or after January 1, 2015.
66 Benefit Recapture
By law, taxpayers whose annual Connecticut
adjusted gross income (CT AGI) exceeds specified
thresholds are subject to benefit recapture, a
requirement that eliminates the benefit they receive
from having a portion of their taxable income taxed at
lower marginal rates. Recapture is triggered by specific
income thresholds. The thresholds, as well as the
recapture amounts and recapture limits, vary by filing
status.
The act revamps the benefit recapture schedule to
reflect the new marginal rates and income tax brackets.
Table 15 shows the schedule under prior law.

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Table 15: Benefit Recapture Schedule under Prior Law by Filing Status
Filing Status

Single
and
Married Filing
Separately

Income
Threshold
Triggering
Benefit
Recapture
$200,000

Head
of
Household

320,000

Married Filing
Jointly

400,000

Recapture Amount

$75 for each $5,000


of income by which
CT AGI exceeds
threshold
$120 for each $8,000
of income by which
CT AGI exceeds
threshold
$150
for
each
$10,000 of income by
which
CT
AGI
exceeds threshold

Maximum
Recapture
Amount
$2,250

3,600

4,500

As Table 16 shows, the act adds a second income


threshold for each filing status and establishes new
recapture amounts.
Table 16: Recapture Schedule under PA 15-244 by Filing Status
Filing Status

Single
and
Married Filing
Separately

Income
Threshold
Triggering
Benefit
Recapture
$200,000

500,000

Head
Household

of

320,000

800,000

Married
Jointly

Filing

400,000

1,000,000

Recapture Amount

$90 for each $5,000


of income by which
CT AGI exceeds
threshold
$50 for each $5,000
of income by which
CT AGI exceeds
threshold
$140
for
each
$8,000 of income by
which
CT
AGI
exceeds threshold
$80 for each $8,000
of income by which
CT AGI exceeds
threshold
$180
for
each
$10,000 of income
by which CT AGI
exceeds threshold
$100
for
each
$10,000 of income
by which CT AGI
exceeds threshold

Maximum
Recapture
Amount
$2,700

450

4,200

720

5,400

900

EFFECTIVE DATE: Upon passage and applicable to


tax years beginning on or after January 1, 2015.
67 & 68 Delay in Scheduled Income Tax
Reductions for Single Filers
The act delays scheduled income tax reductions for
single filers by one year. It does so by delaying
increases in (1) AGI exempt from the tax and (2)
income thresholds for phasing out personal exemptions

and credits.
Personal Exemption. Under prior law, the
maximum personal exemption for single filers was set
to increase from $14,500 to $15,000 on January 1, 2015.
The act instead reverts to the $14,500 exemption for an
additional year, through the 2015 tax year.
By law, the personal exemption amounts gradually
phase out at higher income levels until they are
completely eliminated. The act delays the scheduled
increase in the personal exemption reduction threshold,
from $29,000 to $30,000, to correspond to the delay.
(The income tax personal exemption is reduced by
$1,000 for each $1,000 of AGI over the specified
threshold.)
Personal Credit. The act delays by one year
scheduled increases in income ranges that allow single
filers to qualify for personal credits against their income
tax. Personal credits range from 1% to 75% of tax
liability, depending on AGI. Filers with AGIs above
specified thresholds do not qualify for a credit. Table 17
shows the qualifying personal credit income ranges for
single filers under prior law and the act.
Table 17: Personal Credits for Single Filers
Income Ranges for
Personal Credit
Against the Income
Tax
$14,500-$62,500
15,000-64,500

Applicable Tax Years


Prior Law
The Act
2014
2015 and after

Through to 2015
2016 and after

EFFECTIVE DATE: Upon passage and applicable to


tax years beginning on or after January 1, 2015.
69 Earned Income Tax Credit (EITC)
The act delays by two years the scheduled increase
in the EITC. Under prior law, the EITC was scheduled
to increase to 30% for the 2015 tax year. The act instead
maintains it at 27.5% for two more years, through the
2016 tax year.
EFFECTIVE DATE: Upon passage and applicable to
tax years beginning on or after January 1, 2015.
70 Property Tax Credit Reduced
Beginning in the 2016 income year, the act reduces,
from $300 to $200, the maximum property tax credit
against the personal income tax. By law, the percent of
paid property taxes taxpayers can take as a credit
declines as income increases until it completely phases
out. The income level at which the percent reduction
begins varies by filing status. As Table 18 shows, the
act begins phasing out the credit sooner by reducing the
levels triggering the phase-out.

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Table 18: Property Tax Credit Reduction Levels by Filing Status

Filing Status
Single
Married Filing
Separately
Head of
Household
Married Filing
Jointly

Tax Year
2015
2016 and
thereafter
2015 and
thereafter
2015 and
thereafter
2015 and
thereafter

Income Levels Triggering Credit


Reduction
Prior Law
Act
$64,500
$47,500
Same as above
49,500
50,250

35,250

78,500

54,500

100,500

70,500

EFFECTIVE DATE: July 1, 2015 and applicable to


income years commencing on or after January 1, 2015.
71-77 & 222 SALES AND USE TAX
72 & 73 Luxury Tax Rate Increase
The act increases, from 7% to 7.75%, the sales and
use tax rate on specified luxury items. By law, the rate
applies to the full sales price of motor vehicles (with
certain exceptions) costing over $50,000; real or
imitation jewelry costing over $5,000; and clothing,
footwear, handbags, luggage, umbrellas, wallets, and
watches costing over $1,000.
EFFECTIVE DATE: July 1, 2015 and applicable to
sales occurring on or after that date. (PA 15-5, JSS (
132) makes the sales tax rate change effective upon
passage and applicable to sales occurring on or after
October 1, 2015.)
74 Regional Planning Incentive Account
By law, the Department of Revenue Services
(DRS) commissioner must deposit in the Regional
Planning Incentive Account (1) 6.7% of the revenue
generated by the hotel tax and (2) 10.7% of the revenue
generated by the rental car tax. The act eliminates this
requirement for calendar quarters ending July 1, 2016
and prior to July 1, 2017, thus redirecting these revenue
flows to the General Fund in FY 17.
The hotel tax rate is 15% and the rental car tax rate
is 9.35%. By law, the OPM secretary uses the revenue
from these taxes that is deposited in the account to fund
(1) annual grants to regional councils of government
and (2) grants awarded under the regional performance
incentive program.
EFFECTIVE DATE: Upon passage and applicable to
sales on or after October 1, 2015 and sales of services
that are billed to customers for a period that includes
October 1, 2015.

STF, according to the schedule shown in Table 19. (PA


15-5, JSS (132) delays the revenue diversion
schedule.)
Table 19: Sales Tax Revenue Diverted to MRSA and STF
Calendar Quarters
Ending On or After
December 31, 2015
but prior to July 1,
2016
July 1, 2016 but
prior to July 1, 2017
July 1, 2017

MRSA
(% of 6.35% sales
tax revenue)
4.7

STF
(% of 6.35% sales tax
revenue)
4.7

6.3

6.3

7.9

7.9

EFFECTIVE DATE: Upon passage and applicable to


sales occurring on or after October 1, 2015 and sales of
services billed to customers for a period that includes
October 1, 2015.
74-76 Computer and Data Processing Services
The act increases the sales and use tax rate on
computer and data processing services from (1) 1% to
2% on October 1, 2015 and (2) 2% to 3% on July 1,
2016. For such services sold on or after October 1,
2015, the act exempts services performed by an entity
for one of its affiliates (i.e., a person who directly or
indirectly owns, controls, or is owned or controlled by,
or is under common ownership or control with another
person). PA 15-5, JSS ( 132 & 516) repeals these
changes, thus maintaining the 1% sales and use tax on
computer and data processing services.
The act extends the (1) sales and use tax to include
the creation, development, hosting, and maintaining a
website and (2) use tax to internet service access. PA
15-5, JSS (1) delays, from July 1, 2015 to October 1,
2015, the extension of the sales tax to the specified
website tasks ( 133 & 134) and (2) restores the use
tax exemption for internet service access ( 516).
EFFECTIVE DATE: For the sales tax on computer and
data process services, upon passage and applicable to
sales occurring on our after October 1, 2015 and
services billed to customers that include that date; for
the use tax on such services, October 1, 2015 and
applicable to sales occurring on or after October 1, 2015
and sales of services billed to customers for a period
that includes October 1, 2015; and for the extension of
the sales and use tax to website and internet access
service, July 1, 2015 and applicable to sales occurring
on or after July 1, 2015 and sales of services billed to
customers for a period that includes July 1, 2015.

74 Sales Tax Revenue Diversion

71, 75, 77 & 219 Sales Tax Exemptions


Eliminated and New Taxable Service

The act requires the DRS commissioner to direct a


portion of the 6.35% sales tax revenue to MRSA and the

The act (1) limits the exemption for clothing and


footwear during the sales-tax-free-week to items

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costing less than $100, rather than $300 and (2)


eliminates the exemption for clothing and footwear
costing less than $50 that was scheduled to take effect
on July 1, 2015.
The act eliminates the exemption for goods or
services purchased by a water company to maintain,
operate, manage, or control a pond, lake, reservoir,
stream, well, or distributing plant or system that
supplies water to at least 50 customers.
It also eliminates the exemption for parking in
certain non-metered parking lots with 30 or more
spaces. Prior law exempted two types of entities from
collecting the tax for parking in such lots. It exempted
employers that operate lots they own or lease for less
than 10 years exclusively for their employees use. (PA
15-5, JSS ( 136) restores the exemption for these
employer-operated lots.) Prior law also exempted from
the tax lots operated by specific types of tax-exempt
organizations that operate seasonal lots, specifically (1)
the state and its political subdivisions; (2) federal taxexempt nonprofit organizations; and (3) nonprofit
charitable hospitals, nursing homes, rest homes,
residential care homes, and certain acute-care hospitals.
Lastly, the act extends the sales and use tax to car
washing services except those operated by coin. (PA 155, JSS ( 136) eliminates this exemption.)
EFFECTIVE DATE: July 1, 2015 for (1) car wash and
parking provisions which are applicable to sales
occurring on or after July 1, 2015 and (2) sales of
services billed to customers for a period that includes
July 1, 2015.
78-82 ALCOHOLIC LIQUOR POLICIES
78-80 Beer Growlers
The act allows restaurant, caf, and tavern alcohol
permittees to sell, at retail, permittee-supplied and
sealed containers of draught beer for off-premises
consumption (i.e., growlers). In the case of a restaurant
permittee, the act (1) additionally requires that the
containers be filled by the permittee and (2) prohibits
manufacturer, out-of-state shipper, and wholesale
permittees from supplying the restaurant permittee with
the authorized containers or any draught system
component other than tapping accessories.
These retail sales are limited to (1) four liters of
beer per day to any individual and (2) the authorized
hours for off-premises alcohol consumption sales (see
below).
81 Package Store and Druggist Permits
The act increases the number of package store or
druggist liquor permits in which a person may have an

11

interest from (1) three to four on July 1, 2015 and (2)


four to five on July 1, 2016.
82 Expanding Days and Hours for Sales
The act extends, by one hour each day, the
allowable hours for alcohol sales for off-premises
consumption by (1) package, drug, and grocery stores;
(2) beer and beer and brew pub manufacturers; and (3)
retailers selling gift baskets containing wine. These
expanded hours also apply to package stores onpremises
offerings,
tastings,
classes,
and
demonstrations.
The act generally allows the sale and dispensing of
alcohol for off-premises consumption on Sundays from
10:00 a.m. to 6:00 p.m., rather than 5:00 p.m., and any
other day from 8:00 a.m. to 10:00 p.m., rather than 9:00
p.m. By law, permittees cannot sell or dispense alcohol
for off-premises consumption on Thanksgiving Day,
New Years Day, or Christmas Day.
The act also extends, by one hour, from 9:00 p.m.
to 10:00 p.m., the last hours during which farm winery
manufacturer, nonprofit golf tournament, and
farmers markets wine sales permittees may sell or
dispense alcohol or allow it to be consumed.
83-84 & 87-88 CORPORATION INCOME TAX
83& 84 Surcharge
The act (1) extends the 20% corporation income tax
surcharge that was set to expire after the 2015 income
year for two additional years, to the 2016 and 2017
income years, and (2) imposes an additional, temporary
10% surcharge for the 2018 income year.
By law, the surcharge applies to corporations based
on the amount of taxes they owe and the type of return
they file. The act continues to exempt corporations that
must pay the minimum $250 tax from the surcharge.
(By law, corporations must calculate their taxes using
two methods and pay the greater amount. If that amount
is $250 or less, the corporation must pay $250.) Prior
law exempted corporations whose annual gross income
was less than $100 million, if they (1) were not part of a
group of related corporations (unitary group) or (2) did
not file a combined return with other affiliated
corporations (combined group). The act continues the
exemption for separate corporations grossing less than
$100 million but not for those that are taxable members
of a combined group filing a combined, unitary return, a
change that conforms to the acts other change requiring
corporations to submit combined returns (see 138163).
EFFECTIVE DATE: Upon passage and applicable to
income years starting on or after January 1, 2015. (PA
15-5, JSS ( 139) pushes back the effective date to

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January 1, 2016, making the surcharge extension


applicable to income years starting on or after that date.)

order and reduction schedule under prior law and the


act.
Table 20: Order and Reduction Schedule for Claiming Insurance
Premium Tax Credits under Prior Law and the Act

87 Net Operating Loss (NOL)


When the total value of a corporations deductions
exceeds its gross income for a tax year, the corporation
incurs a NOL. The law allows a corporation to add these
losses from previous years (i.e., carryforwards) to the
loss it incurs in the current year, thus further reducing
the taxes it owes. Under prior law, the amount of NOL
carryforwards a corporation could deduct in an income
year following a loss year was the lesser of:
1. any net income for the income year following
the loss year, or, for companies with taxable
income in other states, any net income
apportioned to Connecticut or
2. the excess of NOL over the total net income for
any prior income year.
Starting with the 2015 income year, the act limits
the amount of NOL carryforwards corporations may
deduct. Specifically, it retains the requirement that a
corporation may deduct the lesser of the two above
options but reduces the income in the first option to (1)
50% of the net income for the income year following
the loss year or (2) if the corporation has taxable income
in other states, 50% of the net income apportioned to
Connecticut. The act retains the laws methods for the
calculating net income for these purposes.
EFFECTIVE DATE: Upon passage
88 Tax Credit Limit
The law limits the extent to which corporations can
use credits to reduce the amount of taxes they owed.
Prior law limited the value of the credits to 70% of the
taxes owed in any income year. Beginning in the 2015
income year, the act reduces this limit to 50.01%.
EFFECTIVE DATE: Upon passage
85 INSURANCE PREMIUM TAX CREDIT
LIMIT
The act extends, to 2015 and 2016, the temporary
cap on the maximum insurance premium tax liability
that an insurer may offset through tax credits.
The caps are part of a structure that, by law, (1)
classifies insurance premium tax credits into three types,
(2) specifies the order in which an insurer must apply
the three credit types to offset liability, and (3)
establishes the maximum liability that an insurer can
offset by claiming one or more of these types of credits.
By law, (1) type one credits are film and digital
media production, entertainment infrastructure, and
digital animation tax credits; (2) type two credits are
insurance reinvestment credits; and (3) type three
credits are all other tax credits. Table 20 shows the

Credit Types
Claimed
Type 3
Types 1 & 3
Types 2 & 3
Types 1, 2 & 3
Type 1 & 2

Order of Applying
Credits
Not applicable
1. Type 3
2. Type 1
1. Type 3
2. Type 2
1. Type 3
2. Type 1
3. Type 2
1. Type 1
2. Type 2

Maximum Reduction in
Tax Liability
30%
Type 3 = 30%
Sum of both types = 55%
Type 3 = 30%
Sum of both types = 70%
Type 3 = 30%
Type 1 & 3 = 55%
Sum of all types = 70%
Type 1 = 55%
Sum of both types = 70%

EFFECTIVE DATE: Upon passage and applicable to


calendar years starting on or after January 1, 2015.
86 FILM AND DIGITAL MEDIA TAX CREDIT
MORATORIUM
The act extends, to FY 16 and FY 17, the
moratorium on issuing film and digital media
production tax credits for certain motion pictures. Under
prior law, the moratorium expired at the end of FY 15.
The moratorium bars the issuance of tax credit
vouchers for motion pictures that were not designated as
state-certified productions before July 1, 2013. It does
not apply, however, to motion pictures that conduct at
least 25% of their principal photography days at a
Connecticut facility that (1) receives at least $25 million
in private investment and (2) opens for business on or
after July 1, 2013.
Other types of qualified productions continue to be
eligible for tax credits during FY 16 and FY 17,
including documentaries; long-form, specials, miniseries, series, sound recordings, music videos, or
interstitial television programming; relocated television
productions; interactive television or games;
videogames; commercials or infomercials; and any
digital media format created primarily for public
viewing or distribution.
EFFECTIVE DATE: Upon passage
89 HOSPITAL TAX CREDIT LIMIT
Hospitals pay taxes each calendar quarter based on
their net patient revenue and may use the Urban
Reinvestment Act tax credits they acquired to reduce the
amount of taxes they owe (i.e., tax liability). Prior law
placed no limit on the amount of credits hospitals could
use to reduce their tax liability. For calendar quarters
beginning on or after July 1, 2015, the act limits the
amount by which hospitals can use credits for this
purpose to 50.01% of that liability.

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13

90 TOBACCO SETTLEMENT FUND


DISBURSEMENTS

93 COMMUNITY INVESTMENT ACCOUNT


(CIA)

For FY 16 and FY 17, the act eliminates the $12


million disbursement from the Tobacco Settlement Fund
to the Tobacco and Health Trust Fund. Beginning in
FY 18, it reduces the disbursement to $6 million per
year, thus making permanent the temporary reduction to
the disbursement made for FY 14 and FY 15.
The act also reduces, from $10 million to $5
million, the FY 16 and FY 17 disbursements from the
Tobacco Settlement Fund to the Smart Start competitive
grant account and transfers the funds to the General
Fund.
Under the act, the canceled disbursements ($17
million in both FY 16 and FY 17) are included in the
amount transferred from the Tobacco Settlement Fund
to the General Fund in FY 16 and FY 17 ( 56).

From January 1, 2016 to June 30, 2017, the act


diverts to the General Fund, on a quarterly basis, 50% of
the funds deposited in the CIA. It requires any funds
remaining in the account to be distributed according to
existing law.
By law, the CIA is a separate, non-lapsing General
Fund account that provides funding for open space,
farmland preservation, historic preservation, affordable
housing, and promoting agriculture.
EFFECTIVE DATE: January 1, 2016
94-98 & 181-182 TRANSFERS TO THE
GENERAL FUND
The act transfers funds from various sources to the
General Fund, as shown in Table 21.

91 & 92 STF

Table 21: Transfers to the General Fund

91- Petroleum Products Gross Earnings Tax Revenue


Transferred to STF
Prior law required the comptroller to transfer
quarterly, to the STF, specified amounts from the
Petroleum Products Gross Earnings Tax. The act instead
requires, for calendar quarters ending on or after
September 30, 2015, the comptroller to deposit in the
STF all such tax revenue.
It correspondingly eliminates laws:
1. specifying the annual amounts of the required
transfers;
2. requiring the comptroller to transfer money
from the General Fund to the STF to
compensate for specified shortfalls in tax
revenue and other legally required transfers to
the STF; and
3. requiring the revenue services commissioner to
(a) biennially calculate the amount of tax paid
on gasoline sold in the prior fiscal year as a
percentage of total tax revenue and (b) use this
calculation to determine the amount of tax
revenue to be transferred to the STF.
92 General Fund Transfers to the STF
The act eliminates statutorily required transfers
from the General Fund to the STF scheduled for FYs 16
and 17 and annually afterwards. Specifically, it
eliminates the transfer of $152,800,000 in FY 16 and
$162,800,000 in FY 17 and subsequent years.

94 & 95
96 & 97

98
181 & 182

Source
Connecticut Health and
Education
Facilities
Authority
Public, Educational and
Governmental
Programming
and
Educational Investment
Account (PEGPETIA)
Municipal
Video
Competition
Trust
Account
Banking Fund

Amount
(millions)

FYs

$3.5

16 &17

4.2

16

4.3

17

3.0

16
&
thereafter

7.0

16 & 17

EFFECTIVE DATE: Upon passage, except the (1)


PEGPETIA transfers for FY 16 and FY 17 are effective
July 1, 2015 and July 1, 2016, respectively, and (2)
municipal video competition trust account transfer is
effective July 1, 2015.
99-102 & 221 MEDICAL MARIJUANA FEES
Prior law credited all fees the Department of
Consumer Protection (DCP) collected under its
regulation of medical marijuana to the palliative
marijuana administration account. The act eliminates
the account and requires the fees to be credited to the
General Fund.
103-106 KENO
The act allows the Connecticut Lottery Corporation
(CLC) to offer keno games, generally subject to the
same requirements as other state lottery games,
including those concerning lottery sales agents,
advertisements, and prizes.

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It allows the Office of Policy and Management


(OPM) secretary, on behalf of the state, to enter separate
agreements with the Mashantucket Pequot and Mohegan
tribes concerning CLCs operation of keno. CLC may
not introduce keno until such agreements are effective.
(PA 15-5, JSS ( 138) limits the total amount of gross
keno revenue the state may give to a tribe under an
agreement to 12.5% of that revenue after subtracting
prize payments.)
The act defines keno as a lottery game where a
subset of numbers are drawn from a larger field of
numbers by a central computer system using an
approved number generator, wheel system device, or
other drawing device. Keno does not include games
operated on a video facsimile machine (e.g., slot
machine).
The act also specifies that CLC has the exclusive
right to operate and manage the sale of all lottery games
in Connecticut, except on the Mashantucket Pequot and
Mohegan reservations.
107 RENTAL SURCHARGE
By law, the state imposes a surcharge on certain
car, truck, and machinery rentals (3% for car and truck
rentals and 1.5% for machinery rentals) and requires
rental companies to remit the surcharge collected during
the calendar year that exceeds the Connecticut property
taxes and Department of Motor Vehicles (DMV)
licensing and titling fees they paid on the vehicles and
equipment.
The act limits the rental companies subject to the
surcharge to people or businesses generating at least
51% of their total annual revenue from rentals,
excluding retail or wholesale rental equipment sales. As
under existing law, the surcharge applies to companies
that (1) are in the business of renting cars, trucks, or
machinery and (2) have a fleet of at least five cars,
trucks, or pieces of machinery in Connecticut.
Under prior law, the 1.5% surcharge applied to
rentals for 30 days or less of heavy construction,
mining, and forestry equipment without an operator.
The act expands it to cover (1) all equipment a rental
company owns and (2) rentals for less than 365 days or
an undefined period under an open-ended contract. It
eliminates a provision specifying that the rental period
for the equipment runs from the date the machinery is
rented to the date it is returned to the rental company.
As under existing law, the 3% surcharge continues to
apply to car and truck rentals for 30 days or less.
By law, rental companies must annually report to
DRS on (1) the aggregate amounts of personal property
taxes paid to towns and registration and titling fees paid
to DMV and (2) the aggregate amount of rental
surcharges collected in the previous year on the rental
machinery, along with any other information DRS

requires.
The act requires them to report such
information in a consolidated report.
108-111 SALE AND MANUFACTURING OF
ELECTRONIC CIGARETTES
Electronic Nicotine Delivery Systems and Vapor
Products
Existing law bans (1) people from selling, giving,
or delivering electronic nicotine delivery systems or
products to minors and (2) minors from buying or
possessing them in public. The act extends these
prohibitions to cover electronic cigarette liquid. It does
so by including these liquids within the definition of an
electronic nicotine delivery system.
By law, an electronic nicotine delivery system is
an electronic device used to simulate smoking while
delivering nicotine or another substance to a person who
inhales from it. Under existing law, delivery systems
include electronic (1) cigarettes; (2) cigars; (3)
cigarillos; (4) pipes; (5) hookahs; and (6) related
devices, cartridges, or other components. The act
expands this list to include electronic cigarette liquid
used in such a delivery system or vapor product, which
produces a vapor that may or may not contain nicotine
and is inhaled by the system or product user.
Under existing law, a vapor product uses a
heating element; power source; electronic circuit; or
other electronic, chemical, or mechanical means,
regardless of shape or size, to produce a vapor the user
inhales. The vapor may or may not include nicotine.
Dealer and Manufacturer Registration
Beginning March 1, 2016, the act requires
electronic nicotine delivery system or vapor product
dealers and manufacturers to register with DCP and
annually renew their registration in order to sell or
manufacture an electronic nicotine delivery system or
vapor product. Under the act, a manufacturer is anyone
who mixes, compounds, repackages, or resizes any
nicotine-containing electronic nicotine delivery system
or vapor product.
Application. Beginning January 1, 2016, anyone
seeking a dealer or manufacturer registration or
registration renewal must apply to DCP using a DCPfurnished form. The application must include (1) the
applicants name and address; (2) the business location;
(3) a financial statement detailing any business
transactions connected to the application; (4) the
applicants criminal convictions; and (5) proof that the
business location will meet state and local building, fire,
and zoning requirements. The act authorizes DCP to
conduct an investigation to determine whether to issue
an applicants registration.

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The DCP commissioner must issue the registration


within 30 days after the application date unless he finds
that the applicant (1) willfully made a materially false
statement in the registration application or any other
DCP-application, (2) owes state taxes, (3) was
convicted of violating any state or federal cigarette or
tobacco products tax laws, or (4) is not suitable because
of his or her criminal record. The act prohibits the
commissioner from denying a registration due to a prior
conviction of a crime except as permitted by law.
Fees. The act requires applicants to pay a
nonrefundable $75 application fee and registered dealers
and manufacturers to pay a $400 annual fee. There is no
application fee to renew a registration.
Dealer Posting Requirement. The act requires
dealers to post their registrations in a prominent location
next to the electronic nicotine delivery system products
or vapor products they sell.
Transferability and Attachment. A registration is
not transferable under the act, except it can transfer
through a registrants estate when he or she dies.
The act provides that a dealer or manufacturer
registration is not property or subject to attachment and
execution.
Partnerships. Under the act, if the registration is
issued to a partnership and the partnership adds one or
more new partners, it must submit a new application and
pay new application and annual fees. If one or more of
the partners dies or retires, the remaining partners do not
need to file a new application or pay an additional fee
for the registrations unexpired portion. But they must
notify DCP of the change, and DCP must endorse the
registration to reflect the correct ownership.
Late Renewals. DCP may renew an expired
registration if the applicant pays both the annual fee and
the standard late renewal penalty the commissioner may
impose. By law, the penalty must equal 10% of the
renewal fee and be at least $10 and no more than $100.
Dealers and manufacturers subject to administrative
or court proceedings are not eligible for a late renewal.
Fines and Penalties for Violations. The act makes it
illegal to manufacture, sell, offer for sale, or possess
with intent to sell an electronic nicotine delivery system
or vapor product without a manufacturer or dealer
registration. The penalty for each knowing violation is a
fine of up to $50 per day. The commissioner may waive
all or part of the fine if he is satisfied that the failure to
obtain or renew the registration was due to reasonable
cause.
Under the act, the penalty is an infraction with a
$90 fine, payable by mail without court appearance, for
a manufacturer or dealer who operates up to 90 days
after his or her license expires.
Prior to imposing a penalty, the act requires the
DCP commissioner to notify the dealer or manufacturer
of the violation and give 60 days to comply. He must

15

send the notice, within available appropriations, with a


certificate of mailing or a similar U.S. Postal Service
form that verifies the date on which it was sent. (A
certificate of mailing is a receipt that provides evidence
of the date that mail was presented to the U.S. Postal
Service for mailing.)
Suspending or Revoking a Registration. DCP may,
at its discretion, suspend or revoke a registration.
Anyone aggrieved by a denial, suspension, or
revocation may appeal by following the appeal process
for liquor sale permits.
Public Hearing
The act requires the Public Health Committee to
hold a public hearing within 30 days of any federal rule
change subjecting tobacco products subject to the
federal Food, Drug, and Cosmetic Act. The committee
must determine if Connecticut law governing these
products should be changed.
EFFECTIVE DATE: January 1, 2016, except the
provision requiring the public hearing takes effect upon
passage.
112-136 DPH LICENSE RENEWAL FEES
The act (1) increases by $5 license renewal fees for
various DPH-licensed professionals, as shown in Table
22, and (2) directs the revenue generated to fund the
professional assistance program for DPH-regulated
professionals (currently, the Health Assistance
InterVention Education Network (HAVEN)). By law,
the program is an alternative, voluntary, and
confidential rehabilitation program that provides
support services to health professionals with a chemical
dependency, emotional or behavioral disorder, or
physical or mental illness.
The DPH commissioner must (1) certify the amount
of revenue received as a result of the fee increase each
January, April, July, and October; (2) transfer it to the
professional assistance program account, which the act
establishes (see 137); and (3) provide the funds to the
professional assistance program.
Table 22: DPH License Renewals Subject to Fee Increase

112
112
112
112
112
112
112
112
112
112

2015 OLR PA Summary Book

License Renewal
Dentist
Optometrist
Midwife
Dental hygienist
Physician
Surgeon
Registered Nurse
Advanced Practice Registered
Nurse
Licensed Practical Nurse
Nurse Midwife

Prior Fee
$ 570
375
15
100
570
570
105
125

New Fee
$ 575
380
20
105
575
575
110
130

65
125

70
130

16

112
112
112
112 &
120
113
114
115
116
116
117
117
118
119
121
122
123
123
124
125
126
128
129
130
131
131
131
132
133
134
135

EMERGENCY CERTIFICATION

License Renewal
Physical Therapist
Physical Therapist Assistant
Physician Assistant
Perfusionist
Nursing home administrator
Athletic trainer
Radiographer
Occupational therapist
Occupational therapy assistant
Alcohol and drug counselor
Certified alcohol and drug
counselor
Licensed optician
Respiratory care practitioner
Psychologist
Marital and family therapist
Clinical social worker
Master social worker
Professional counselor
Veterinarian
Massage therapist
Dietician-nutritionist
Acupuncturist
Paramedic
Embalmer
Funeral director
Funeral
services
business
inspection certificate
Electrologist
Audiologist
Hearing instrument specialist
Speech and language pathologist

Prior Fee
100
60
150
315

New Fee
105
65
155
320

200
200
100
200
200
190
190

205
205
105
205
205
195
195

200
100
565
315
190
190
190
565
250
100
250
150
110
230
190

205
105
570
320
195
195
195
570
255
105
255
155
115
235
195

200
200
250
200

205
205
255
205

(PA 15-5, JSS ( 475) also increases, from $565 to


$570, license renewal fees for podiatrists, chiropractors,
and naturopathic physicians. Additionally, 478
eliminates the five dollar fee increase for renewing a
funeral home inspection certificate.)
EFFECTIVE DATE: July 1, 2015 (PA 15-5, JSS (
474 & 479) changes the effective date from July 1, 2015
to October 1, 2015 and makes the above fee increases
applicable to registration periods on or after that date.)
137 PROFESSIONAL ASSISTANCE PROGRAM
ACCOUNT
The act establishes a professional assistance
program account as a separate, nonlapsing General Fund
account. It requires the DPH commissioner to use the
account funds for the professional assistance program
for DPH-regulated professionals.
138-163 COMBINED REPORTING
Overview
Combined reporting refers to the way related
companies must calculate and report their corporate
income tax liability. Beginning with the 2015 income
year, the act requires a company that is (1) a member of

a corporate group of related companies meeting certain


criteria (i.e., combined group) and (2) subject to the
Connecticut corporation tax (i.e., taxable member) to
file a corporation income tax return based on the
combined income or capital base of the group as a
whole (i.e., combined reporting), rather than as a
separate entity as generally required under prior law
(i.e., separate entity reporting). Under the act, a
company that is part of a combined group must compute
its tax liability in this manner if the group is engaged in
a unitary business, as defined in the act (see below).
As such, the company must treat all of its affiliates as if
they are one single company and combine all of their
taxable income and capital base in a single pool, which
is then apportioned to Connecticut for tax purposes.
Prior law generally required companies to file as
separate entities even if they were part of a broader
group of corporations operating in other states, although
it allowed or permitted a combined or unitary return
under certain circumstances.
(PA 15-5, JSS ( 139) instead requires corporations
to implement combined reporting beginning with the
2016 income year.)
138 Combined Group and Unitary Business
The act specifies criteria for determining whether a
company is part of a combined group and thus required
to file a combined unitary tax return. Under the act, a
combined group is a group of companies that (1) have
common ownership, (2) are engaged in a unitary
business (see below), and (3) have at least one member
that is subject to the Connecticut corporation tax.
Companies are considered to be under common
ownership if the same entity or entities directly or
indirectly own more than 50% of voting control over
each of them. These entities owners do not have to be
members themselves of the combined group. Indirect
control must be determined according to the federal tax
law. Combined group members include taxable
members (i.e., companies subject to Connecticut
corporation tax) and nontaxable members (i.e.,
companies not subject to Connecticut corporation tax,
excluding those statutorily exempt from the tax).
The act defines a unitary business as a single
economic enterprise that is interdependent, integrated,
or interrelated enough through its activities to provide
mutual benefit and produce significant sharing or
exchanges of value among its entities or a significant
flow of value among its separate parts. A unitary
business can be either separate parts of a single entity or
a group of separate entities under common ownership.
The act establishes criteria for determining whether a
unitary business relationship exists when a company
conducts business through a partnership or S
corporation (i.e., pass-through entities).

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140 Group Reporting Requirements


Companies that are part of a combined group must
generally determine their tax liability based on their
share of the groups income and losses. The act
requires combined groups to determine their
membership on a waters edge basis (i.e., generally
limited to members within the United States) unless
they elect a (1) worldwide (i.e., including foreign
members) or (2) affiliated group basis.
Waters Edge. Under the act, a waters edge basis
means that a group must include the net income, capital
base, and apportionment factors of its taxable and
nontaxable members only if:
1. they are incorporated in, or formed under the
laws of, the United States, any state, the
District of Columbia, or a U.S. territory or
possession, excluding members that have at
least 80% of their property and payroll during
the income year located outside such
jurisdictions;
2. 20% or more of their property and payroll
during the income year is located in the United
States, any state, the District of Columbia, or a
U.S. territory or possession; or
3. they are incorporated in a jurisdiction
determined to be a "tax haven," as described
below, unless the DRS commissioner is
satisfied that the member is incorporated there
for a legitimate business purpose.
(PA 15-5, JSS ( 144) additionally requires such
groups to include any member that earns more than 20%
of its gross income, directly or indirectly, from
intangible property or service-related activities, the
costs of which generally are deductible for federal
income tax purposes against the income of other group
members (whether currently or over a period of time).
Groups must include such members only to the extent of
such gross income and its related apportionment
factors.)
Under the act, a combined group must include in its
combined unitary tax return members that are
incorporated in a tax haven. A tax haven is a jurisdiction
that:
1. has laws or practices preventing the effective
exchange of information for tax purposes with
other governments about taxpayers benefiting
from the tax regime;
2. has a tax regime that lacks transparency;
3. facilitates the establishment of foreign-owned
entities without the need for a local substantive
presence or prohibits these entities from having
any commercial impact on the local economy;
4. explicitly or implicitly excludes the
jurisdictions resident taxpayers from taking
advantage of the tax regime benefits or

17

prohibits enterprises benefiting from it from


operating in the jurisdictions domestic market;
or
5. has created a tax regime favorable for tax
avoidance, based on an overall assessment of
relevant factors, including whether the
jurisdiction has a significant untaxed offshore
financial or services sector relative to its
overall economy.
The act requires the DRS commissioner, by
September 30, 2015, to publish a list of jurisdictions
that he determines to be tax havens. The list applies to
income years beginning on or after January 1, 2015 and
remains in effect until the commissioner publishes a
revised list. (PA 15-5, JSS ( 144) delays this
requirement by one year.)
Worldwide or Affiliated Group Election. Instead of
determining the groups membership on a waters edge
basis, the act allows the groups designated taxable
member to do so on a worldwide or affiliated group
basis. Under the act, the designated taxable member is
(1) the groups common parent corporation, if it has one
that is a taxable member or (2) a taxable member
selected by the group or DRS commissioner. To make a
worldwide or affiliated group election, the groups
designated taxable member must do so on an original,
timely filed tax return for an income year. The election
is binding for the income year in which it is made and
the following 10 years.
The DRS commissioner may select the designated
taxable member at his discretion or, if the group does
not select one according to the acts process for doing
so, as described below.
If the designated taxable member chooses to
determine the groups membership on an affiliated
group basis, it must include all those members that are
part of its affiliated group for federal tax purposes, plus:
1. domestic corporations that are commonly
owned, directly or indirectly, by any member
of the group, regardless of whether the group
includes corporations (a) included in more than
one federal consolidated return, (b) engaged in
one or more unitary business, or (c) not
engaged in a unitary business with any other
affiliated group member; and
2. any member of the combined group,
determined on a worldwide basis, incorporated
in a tax haven, as described above. (PA 15-5,
JSS ( 144) specifies that such a member may
be excluded from the affiliated group if the
DRS commissioner is satisfied that the member
is there for a legitimate business purpose.)
A group making an affiliated group election must
include the net income or loss and apportionment
factors of all its members subject to tax or that would be
if they were conducting business in the state, regardless

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of whether they are engaged in a unitary business.


Under federal tax law, an affiliated group is a
group of corporations or corporate chains connected to
the same parent corporation in which (1) one or more of
the corporations included in the group directly owns at
least 80% of the voting power and 80% of the total
value of the common stock of each of the other included
corporations and (2) their common parent directly owns
at least 80% of the voting power and 80% of the total
value of the common stock of at least one of the
included corporations (IRC 1504).
139 (i) & 142 Calculating Corporation Tax
Liability
By law, corporations must calculate their
Connecticut corporation tax liability on the basis of both
their net income and capital base and pay the higher of
the two amounts. The act requires taxable members of
combined groups to do the same based on the tax
calculated on their apportioned net income and capital
bases, as described below. Under the act, as under
existing law, taxable members must pay a minimum tax
of $250 regardless of tax credits.
139 (a)-(e) & 149 Net Income Basis
The act specifies how combined groups must
determine and apportion to Connecticut their taxable
income and adjust it for net operating losses.
139 (a) Determining the Groups Total Income
or Loss. When determining the total income or loss
subject to apportionment for Connecticut corporation
tax purposes, the combined group must include and
aggregate the following for each of its taxable and
nontaxable members derived from a unitary business:
1. For each group member incorporated in the
United States, included in a consolidated
federal corporate return, and filing a federal
corporate income tax return, its gross income
minus Connecticut corporation tax deductions
as if it were not consolidated for federal tax
purposes.
2. For each group member not included in a
consolidated federal return but required to file
its own return, its gross income minus
Connecticut corporation tax deductions.
3. For each member incorporated outside the
United States, not included in a federal
consolidated return and not required to file its
own federal return, the income determined
from regularly maintained profit and loss
statements for each foreign office or branch
adjusted on any reasonable basis to conform to
U.S. accounting standards and expressed in
U.S. dollars. Reasonable alternative procedures

may be applied if the DRS commissioner


determines that the reported income reasonably
approximates the income determined under the
Connecticut corporation tax law.
4. If the unitary business has income from a passthrough entity, the members direct and
indirect share of that entity's unitary business
income.
The act establishes requirements for treating the
following income and deductions in a unitary filing:
1. Dividends paid by one group member to
another must be eliminated.
2. Business income from an intercompany
transaction with another group member must
be deferred as required under federal tax rules
unless the (a) object of the transaction is sold
or otherwise removed from the unitary
business under specified conditions or (b)
buyer and seller cease to be members of the
same combined group.
3. Charitable expenses incurred by a group
member may be deducted from the combined
groups net income, subject to federal income
limits applicable to the entire groups business
income. If part of the deduction is carried over
to a later year, it must be treated in that year as
incurred by the same group member.
4. Capital gains and losses must be removed from
each members net income and included in the
combined groups net income by (a) combining
each class of gains or losses (e.g. short- or
long-term capital gains or losses), without
netting among such classes; (b) apportioning
each class to members; and (c) applying the
apportioned gains or losses to the income or
loss of the Connecticut taxable members. If the
capital loss is limited under federal law and a
loss carryover is required, the loss must be
treated in the year for which the carryover
applies as incurred by the same member.
5. Expenses directly or indirectly attributable to
federally tax-exempt income must be
disallowed in determining the combined
groups net income.
139 (b) & (c) Income Apportionment Factors.
The act requires the taxable members of a combined
group to apportion their net income and losses to
Connecticut similar to the way multistate companies
must apportion such income and losses under existing
law.
By law, multistate companies subject to the
Connecticut corporation tax must apportion their net
income or loss using statutory apportionment formulas.
Most companies must use a formula that combines the
ratios of their property, payroll, and sales (receipts) in
Connecticut to all their property, payroll, and sales.

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However, some types of businesses, including


manufacturers, broadcasters, and financial institutions,
are allowed to use a single-factor apportionment
formula based entirely on the ratio of their sales in
Connecticut to all their sales.
In apportioning income or loss for the Connecticut
corporation tax, the act requires each taxable member of
a combined group to use the otherwise applicable
Connecticut statutory apportionment percentage. It
specifies how taxable members of the combined group
must incorporate the property, payroll, and sales of
nontaxable group members in the apportionment factors
they use to apportion the groups income for purposes
of the taxable members Connecticut corporation tax
liability. Under the act, each taxable member may
apportion its net income according to these provisions
as long as one group member is taxable in another state.
Under the act, though each taxable members
apportionment is based on the Connecticut
apportionment formula that applies to that member, the
taxable member must add a share of the nontaxable
members sales, property, and payroll factors as
follows:
1. Each taxable member must add to its sales
factor numerator a share of the aggregate sales
of the groups nontaxable members assignable
to Connecticut. This share is the ratio of the
taxable members Connecticut sales to the
Connecticut sales of all the groups taxable
members.
2. The property and payroll factor denominators
are the aggregate property and payrolls for the
entire group, including taxable and nontaxable
members, even if some group members are
subject to single-factor apportionment (i.e.,
based on sales only).
3. Transactions between or among group
members must be eliminated in determining
the apportionment factors.
Once the applicable apportionment factors for each
taxable member have been determined, they must be
applied to the combined groups taxable income to
determine each taxable members net income or loss
apportioned to Connecticut.
149 Investments in Connecticut Partnerships.
By law, multistate corporations that invest in
Connecticut partnerships or limited liability companies
are subject to special apportionment provisions. Under
these provisions, companies that are limited partners in
Connecticut partnerships (other than investment
partnerships) but are not otherwise doing business in
Connecticut pay tax only on their distributive shares of
the Connecticut-based partnership income. But if the
DRS commissioner determines that the corporate
limited partner and the partnership are parts of a unitary
business engaged in a single business enterprise, the

19

corporation is generally taxed according to standard


apportionment rules. The act extends this requirement
to corporate limited partners that are members of a
combined group filing a combined unitary tax return,
thus requiring them to also apportion their income under
such rules. (PA 15-5, JSS ( 148) makes similar
changes in how such corporate limited partners must
apportion their capital base for corporation tax
purposes.)
139 (d) Net Operating Loss (NOL). After each
taxable member calculates its share of net income or
loss apportioned to Connecticut, the act allows it to
deduct its share of the groups NOL from that income.
It allows the following NOL carryovers:
1. For income years starting on or after January 1,
2015, if the combined groups net income
computation results in a net operating loss, the
taxable members can carry forward the share
apportioned to Connecticut consistent with
NOL carryover limits (see 87). If the taxable
member has more than one NOL carryover, it
must apply them in the order they were
incurred, deducting the older one first. The act
allows a taxable member who has an NOL
carryover derived from the combined group in
an income year beginning on or after January
1, 2015 to share it with other taxable group
members if they were part of the group when
the loss was incurred. Any such sharing
reduces the taxable members original NOL
carryover.
2. A taxable member can deduct an NOL
carryover derived from either pre-January 1,
2015 losses or losses incurred before the
taxable member joined the combined group
and can share it with other members that were
part of the same (a) combined group in the year
the loss was incurred or (b) unitary group
under the states prior combined reporting law.
(PA 15-5, JSS ( 142) makes these provisions
applicable for income years starting on or after
January 1, 2016.)
139 (e) Calculating Net Income Tax Liability.
After each member determines its net income, it must
calculate its net income tax liability by multiplying its
Connecticut apportioned net income or loss by the
statutory corporation net income tax rate of 7.5%.
139 (f)-(h) Capital Stock Basis
As explained above, a combined groups taxable
members pay taxes on their share of the groups net
income or capital base, whichever is greater.
139 (f) Determining the Groups Capital Base.
The act requires combined groups to determine their
capital bases by combining their separate bases,

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including those of their nontaxable members, generally


as determined under existing law for nonfinancial
companies (i.e., those that are not financial service
companies).
Under existing law, a nonfinancial
companys capital base is the sum of the:
1. average value of issued and outstanding capital
stock, including treasury stock at par or face
value;
2. fractional shares, scrip certificates, and
payments on subscriptions to capital stock;
3. surplus and undivided profit; and
4. surplus reserves.
The sum is reduced by the average value of (1)
deficits and (2) private company stockholdings,
including treasury stock.
Under the act, the combined group (1) must exclude
intercorporate stockholdings from its capital base and
(2) may not take the deduction for private company
stockholdings. In calculating the combined capital base,
a combined group must include a share of its nontaxable
members capital bases according to the ratio of the
taxable members Connecticut capital base to the
combined Connecticut capital bases of all the groups
taxable members.
Group members that are financial services
companies must (1) calculate their capital base tax
liability as required by existing law for such companies
(i.e., $250 per year) and (2) not be included in
calculating the combined groups alternative capital
base, as described above.
139 (g) Capital Base Apportionment. Existing
law requires multistate companies subject to the
Connecticut corporation tax to apportion their capital
base to Connecticut based on a two-factor formula
consisting of tangible property and intangible assets.
The act requires combined groups to do the same for
each of the taxable members included in the groups
combined capital base calculation. Under the act, the
taxable member must apportion its capital base to
Connecticut according to the ratio of its Connecticut
tangible property and intangible assets to the combined
groups Connecticut tangible property and intangible
assets.
139 (h) Calculating Capital Base Tax Liability.
Each taxable member included in the groups combined
capital base calculation must calculate its capital base
tax liability by multiplying the (1) combined groups
capital base, (2) members apportionment ratio, and (3)
statutory corporation capital base tax rate of 3.1 mills
(per dollar of capital holdings). As under existing law,
the maximum aggregate tax calculated under the capital
base method is $1 million. Under the act, if the
aggregate amount of tax calculated on each taxable
members capital base exceeds $1 million, each member
must prorate its tax, in proportion to the groups tax
calculated regardless of the $1 million cap, such that the

groups aggregate additional tax equals $1 million.


Under the act, as under existing law, financial
service companies have a capital base tax liability of
$250 and may not use tax credits to reduce their tax
liability.
139 (j) Tax Credits
The act requires each taxable member to separately
apply its tax credits, but allows it to share tax credits
and credit carryover with other taxable members under
certain conditions. In determining the amount of credits
it has available, each taxable member must separately
apply (1) the statutory tax credit limit and (2) any
refunded research and development (R&D) tax credits
under the existing credit refund program for eligible
small businesses.
The act allows a taxable member to share tax
credits it earns beginning on or after the 2015 income
year with other taxable members in the combined group.
Any credit amount used by another taxable member
reduces the amount of credit carryover available to the
taxable member that originally earned it. If the taxable
member has a credit carryover derived from an income
year beginning on or after 2015, it may share the
carryover credit with the groups taxable members as
long as they were taxable members in the income year
in which the credit was earned.
A taxable member with a credit carryover derived
from an income year prior to 2015 or during which it
was not a member of the combined group may (1)
continue to use the carryover and (2) share it with other
group members that were part of its combined or unitary
group under prior law. Taxable members eligible to
claim more than one corporation business tax credit in
an income year must claim the credits according to the
law that establishes the order for claiming corporation
business tax credits. (PA 15-5, JSS ( 143) makes these
provisions applicable for income years starting on or
after January 1, 2016.)
141 Deduction for Certain Publicly-Traded
Companies (FAS 109 Deduction)
Beginning in the 2018 income year, the act allows
certain publicly-traded companies to claim a deduction
over a seven-year period if combined reporting triggers
an increase in their net deferred tax liabilities or
decrease in their net deferred tax assets. (PA 15-5, JSS
( 145) additionally allows them to do so if combined
reporting results in an aggregate change from a net
deferred tax asset to a net deferred tax liability.) This
deduction is referred to as a FAS 109 deduction,
based on a financial accounting and reporting standard
for income taxes (Financial Accounting Standards No.
109, Accounting for Income Taxes). Under FAS 109,

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a company that is required to issue financial statements


must create a liability or asset for estimated taxes
payable or refundable for the current year.
The act defines net deferred tax liability as
deferred tax liabilities that exceed the combined groups
deferred tax assets. It defines net deferred tax assets
as deferred tax assets that exceed the groups deferred
tax liabilities. Both must be determined according to
generally accepted accounting principles (GAAP).
The deduction applies only to publicly-traded
companies,
including
affiliated
corporations
participating in a publicly-traded companys financial
statements, prepared according to GAAP, as of June 30,
2015. From the 2018 to 2024 income years, such
groups may deduct from their net income an amount
equal to one-seventh of the amount necessary to offset
the (1) increase in net deferred tax liability, (2) decrease
in net deferred tax asset resulting from combined
reporting, or (3) aggregate change thereof if the groups
net income changes from a net deferred tax asset to a
net deferred tax liability. They must calculate the
deduction (1) based on the impact of combined
reporting regardless of the deduction, (2) regardless of
its impact on federal taxes, and (3) without altering the
tax basis of any asset. Any events that occur after the
deduction is calculated, including the disposition or
abandonment of assets, must not reduce it. They may
carry forward any excess deduction to future income
years until it is fully utilized.
Combined groups intending to claim this deduction
must, by July 1, 2016, file a statement with the
commissioner specifying the total amount of the
deduction claimed. (PA 15-5, JSS ( 145) delays this
requirement to July 1, 2017.) The statement must (1) be
made on a form and in a manner the commissioner
prescribes and (2) contain any information or
calculation the commissioner specifies. No deduction is
allowed for any income year unless it is claimed by July
1, 2016.
The act specifies that its provisions do not limit the
commissioners authority to review or redetermine the
proper amount of any deduction claimed, whether
claimed on the statement described above or on a tax
return for any income year.
156 Annual Return
The act requires the combined groups designated
taxable member to file the unitary return and pay the tax
on behalf of all its taxable members. To this end, the
designated member may, on the taxable and nontaxable
members behalf, (1) sign a unitary return, (2) apply for
filing extensions, (3) agree to an examination or
assessment of the return, (4) make offers of compromise
and closing agreements regarding tax liability, and (5)
receive refunds and credits for tax overpayments.

21

A combined group member whose income year is


different from that of the rest of the group must report
amounts from its return for its income year that ends
during the group income year. Under the act, the
group income year is (1) the designated taxable
members income year or (2) if two or more members in
the group file in the same federal consolidated tax
return, the income year used on the federal return. No
such reporting is required until the beginning of the
members first income year starting on or after January
1, 2015. (PA 15-5, JSS ( 149) delays this requirement
to income years starting on or after January 1, 2016.)
The act allows the designated taxable member to
recover the payments from the other taxable members
and prohibits those members from holding the
designated
taxable
member
liable
for
the
payments. However, each taxable member of the
combined group is jointly and severally liable for the
taxes plus any interest, penalties, or additions due from
any other taxable member.
A combined group eligible to select a designated
member must give the DRS commissioner written
notice of the selection by the date the tax is due. The
commissioner must approve any change in the
designated member.
The act gives the commissioner the sole discretion
to (1) send notices, make deficiency assessments, and
provide tax refunds and credits to the designated
member or any other group member and (2) require a
unitary return to be filed electronically and any tax
payment to be made by electronic funds transfer.
162 Estimated Tax and Safe Harbor
The act applies estimated tax requirements to
taxable members of combined groups required to file
unitary returns. It makes the designated taxable member
responsible for paying the estimated tax installments.
By law, corporations must pay the following
percentages of their annual taxes by the following dates:
30% by March 15, 40% by June 15, 10% by October 15,
and 20% by December 15. The act extends the due dates
for the first estimated tax payment for combined groups
whose 2015 group income years start in (1) January or
February to July 15, 2015 or (2) March to August 15,
2015. Such groups must pay 70% (i.e., a combination of
the first and second payment) of the required annual
payment on those dates.
Under the act, taxable members of combined
groups required to file unitary returns are not subject to
interest and penalties for underpaying estimated tax in
2015 if:
1. they pay estimated taxes equal to at least 90%
of that shown on their unitary tax filing for the
2015 group income year or

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2.

the 2014 income year was a 12-month year, the


taxable members of the combined group pay
estimated taxes of 100% of the tax liability,
before credits, shown on either their individual
separate 2014 returns or their optional 2014
combined return, as applicable. (PA 15-5, JSS
( 152) eliminates these estimated tax filing
deadlines and safe harbor provisions.)

The act establishes a formula for calculating a


threshold level, based on the average revenue from
these two sources over 10 years, that forms the basis for
the revenue diversions. It requires the state (1)
comptroller to begin certifying the threshold in FY 20
and (2) treasurer to begin diverting the revenue in FY
21.
Threshold Level

142-155, 157-161 & 163 Previous Unitary and


Combined Return Provisions and Conforming Sections
Prior law gave certain corporations the option of
filing a unitary or combined tax return under certain
circumstances. The unitary return was a single return
for all members of a unitary group with substantial
intercorporate business transactions among the groups
corporations. The combined return was a single return
for a group of affiliated corporations subject to
Connecticut corporation income tax that filed a federal
consolidated return. The DRS commissioner could
require or permit groups that did not file consolidated
federal returns to file a combined return if he
determined that such a filing was necessary, because of
intercompany transactions or some agreement or
arrangement, to properly determine the groups
corporation business tax liability.
The act eliminates these combined and unitary
return provisions for income years starting on or after
January 1, 2015. (PA 15-5, JSS ( 150) delays this
repeal by one year, to income years starting on or after
January 1, 2016.)
It makes additional statutory changes to conform to
the mandatory combined reporting requirements and the
elimination of current combined and unitary return
provisions. (PA 15-5, JSS ( 147, 150, 151, & 153)
make additional changes to conform to the delayed
implementation and repeal.)
EFFECTIVE DATE: Upon passage and applicable to
income years starting on or after January 1, 2015 (PA
15-5, JSS ( 139) delays the effective date to January 1,
2016, and applicable to income years beginning on or
after that date.)
164-169 BUDGET RESERVE FUND (BRF)
DEPOSITS
The act establishes a mechanism for diverting
projected surpluses in certain tax revenues to the BRF.
It applies to revenue (referred to as combined
revenue) from the (1) corporation income tax and (2)
personal income taxs estimated and final payments
(i.e., income tax revenue generated from taxpayers who
make estimated income tax payments on a quarterly
basis).

Beginning in FY 20, the act requires the state


comptroller to annually certify the threshold level for
BRF deposits using a formula based on (1) a 10-year
average of the states combined revenue and (2) the rate
of growth in combined revenue. Under the act, a 10year average is the average amount of combined
revenue in the 10 fiscal years preceding a given fiscal
year.
Formula. The comptroller must determine the
threshold using a three-step calculation. The first step is
to calculate the 10-year average for the current fiscal
year.
The second step is to calculate the rate of growth in
combined revenue over the preceding 10 years. To do
so, the comptroller must:
1. calculate the 10-year average for each fiscal
year preceding the current fiscal year;
2. calculate, for each of these years, the difference
between the actual combined revenue for the
given fiscal year and the 10-year average for
that same fiscal year, divided by the 10-year
average for that fiscal year (differential); and
3. take the average of these 10 differentials and
add one to this average.
The last step is to multiply the two numbers derived
from steps one and two. The threshold level for BRF
deposits is the product of this multiplication.
Certifying and Reporting the Threshold Level.
Beginning in FY 20, the act requires the comptroller to
include a statement certifying the threshold level for the
current fiscal year in the annual report he submits to the
governor on the state's financial condition. By law, he
must submit this report by September 30 and make a
published copy available to the public by December 31.
The act requires the OPM secretary and OFA
director to annually report the comptrollers certified
threshold level by November 10, after adjusting for
enacted laws projected to impact the estimated and final
portion of the income tax or corporation income tax
revenue by more than 1%. Presumably, the threshold is
adjusted upward by the amount of a projected revenue
increase and downward by the amount of a projected
revenue decrease.
The OPM secretary and OFA director may (1)
recalculate their threshold level adjustments to reflect
any consensus revenue revisions in January and April

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impacting these revenue sources (see BACKGROUND)


and (2) continue making the adjustments (a) for up to 10
fiscal years following the implementation of the law that
created the revenue impact or (b) until there is no longer
a revenue impact of more than 1%, whichever comes
first. They must report any such revisions in their
January and April consensus revenue estimates and
include information on how they (1) determined the
revenue impact and (2) used that information to adjust
the threshold level.
The act also requires the OPM secretary and OFA
director to each report the estimated threshold level,
using the acts formula, for the three fiscal years
following the current fiscal year.
State Budget Act and OFA Fiscal Notes. Beginning
in FY 20, the act requires (1) consensus revenue
estimates and the revenue statement included in the state
budget act to itemize the withholding, estimated, and
final payment components of personal income tax
revenue and (2) the fiscal note on any bill impacting the
personal or corporation income tax to clearly identify
any impact to BRF deposits.

the RGF after the April 30 estimate even if no transfer


was made in January.
As Table 23 shows, the transfer depends on
whether the (1) January estimate was more or less than
the threshold level and (2) April estimate (a) increases
or decreases the January estimate or (b) is more or less
than the threshold level. The treasurer must transfer the
required amounts to or from the RGF annually by May
15. As with the January estimate, there is no transfer if
the April 30 estimate for the current fiscal year projects
a year-end General Fund deficit.
Table 23: Transfers Required Following April 30 Consensus Revenue
Estimate
January 15
Combined
Revenue
Projection
Exceeded the
threshold level

April 30 Combined
Revenue Projection
Revised upward

Revised downward but


still more than the
threshold level for
deposits
Revised downward to a
level less than the
threshold level for
deposits

Required Transfers from the General Fund to the RGF


and BRF
Beginning in FY 21, the act diverts, to the
Restricted Grants Fund (RGF), projected surpluses in
combined revenue based on January and April
consensus revenue estimates (see below). The act
requires the state treasurer to transfer the surpluses from
the RGF to the BRF after the close of General Fund
accounts each fiscal year. As with the BRF under
existing law, the act authorizes the treasurer to invest all
or part of the RGF in certain statutorily prescribed
investments and directs her to credit all investment
interest to the General Fund.
January. The act requires the state treasurer to
transfer funds from the General Fund to the RGF if the
January 15 consensus revenue estimate projects
combined revenue for the current fiscal year that
exceeds the threshold level.
The treasurer must
annually transfer the amount projected to exceed this
level by January 31.
Under the act, there is no transfer if (1) combined
revenue is projected to be less than or equal to the
threshold level or (2) the consensus revenue estimate for
the current fiscal year projects a year-end General Fund
deficit.
April. The act requires the treasurer to adjust the
amount diverted to the RGF in January based on the
April 30 revised consensus estimate for combined
revenue. It does so by requiring the state treasurer to
transfer (1) additional funds from the General Fund to
the RGF or (2) funds from the RGF back into the
General Fund. In certain cases, it requires a transfer to

23

Less than or equal


to the threshold
level

Revised upward to a level


exceeding the threshold
level
Revised upward but
remaining less than the
threshold level

Transfer Required Under the


Act
Difference between January and
April combined revenue
projection must be transferred
from the General Fund to RGF
Difference between January and
April combined revenue
projection must be transferred
from RGF to the General Fund
Difference between January
combined revenue projection
and the threshold level must be
transferred from RGF to the
General Fund
Difference between April
combined revenue projection
and threshold level must be
transferred from the General
Fund to RGF
No transfer to RGF

Deficit Mitigation Plan. The act authorizes the


governor to direct the treasurer to transfer money in the
RGF to the General Fund as part of a required deficit
mitigation plan. By law, the governor must submit a
deficit mitigation plan to the Appropriations and
Finance, Revenue and Bonding committees when the
comptrollers cumulative monthly financial statement
projects a current year deficit of more than 1% of
General Fund appropriations. (PA 15-5, JSS ( 481)
makes a technical change to this provision.)
Reducing or Eliminating Transfers to RGF or BRF.
The act requires at least three-fifths of the members of
the Appropriations and Finance, Revenue and Bonding
committees to approve any act that, if passed, would
reduce or eliminate the amount of any deposit to the
BRF or RGF. It is unclear whether this provision is
enforceable
against
future
legislatures
(see
BACKGROUND).

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BRF
Purpose. The act expressly provides that the BRF
is to be maintained and invested to reduce revenue
volatility in the General Fund and reduce the need for
tax increases and state aid cuts due to changes in the
economy.
Maximum Balance. The act increases the BRFs
maximum balance from 10% to 15% of net General
Fund appropriations for the current fiscal year but
appears to allow the balance to exceed 15% under
certain circumstances.
Specifically, if a required
transfer to the BRF would cause the balance to exceed
15%, the act appears to allow such a transfer to be made
in whole, thus causing the balance to exceed 15%. As
under existing law, once the BRF reaches the maximum,
the treasurer may not transfer additional funds to it. Any
remaining funds must go towards (1) the State
Employee Retirement Funds unfunded liability and (2)
paying off outstanding state debt.
Authorized Use of Funds in the BRF. Beginning in
FY 21, the act provides statutory authority for the
legislature to transfer funds from the BRF to the
General Fund in the three fiscal years following a fiscal
year in which the April 30 consensus revenue estimate
projects a 2% drop in General Fund tax revenue from
the current fiscal year to the next fiscal year.
Directing BRF Transfers to Pay Unfunded Pension
Liability. By law, any unappropriated surplus that
remains after the BRF reaches its maximum balance
must be used for paying the State Employee Retirement
Funds unfunded liability. Beginning in FY 17, the act
additionally earmarks for that purpose a percentage of
any amount transferred to the BRF. The percentage
depends on the BRFs balance, as shown in Table 24.
Table 24: BRF Transfer Directed to Unfunded Pension Liabilities
BRFs Balance as a % of Net
General Fund Appropriations
Less than 5%
5% balance < 10%
10% balance < 15%

Percentage of BRF Transfer


Directed to State Employee
Retirement Fund
5%
10%
15%

Reports to the Legislature and Governor


Beginning by December 15, 2024, and every five
years thereafter, the act requires the OPM secretary,
OFA director, and state comptroller to each report to the
Finance, Revenue and Bonding Committee and the
governor on the acts BRF deposit formula and include
any recommended changes to the formula or BRF cap
that are consistent with the BRFs purpose, as described
above.

The reports must analyze the:


1. formulas impact on General Fund tax revenue
volatility,
2. adequacy of the formulas required deposits to
replace potential future revenue declines
resulting from economic downturns,
3. amount of additional payments toward
unfunded liability made as a result of the
formula, and
4. adequacy of the BRFs cap.
EFFECTIVE DATE: July 1, 2019
170 RESIDENT STATE TROOPER PROGRAM
Under prior law, a town participating in the resident
state trooper program paid 70% of the regular cost of
compensation, maintenance, and other expenses of
troopers assigned to it.
The act increases this
percentage to 85% for the first two troopers assigned to
the town and 100% for any additional troopers. In
addition, by law, unchanged by the act, the town must
pay 100% of the overtime costs and the portion of fringe
benefits directly associated with such costs.
171 INSURANCE REINVESTMENT ACT
PROGRAM CHANGES
Credit Cap Increase
The act increases the aggregate cap on Insurance
Reinvestment Act tax credits by $150 million, from
$200 million to $350 million. It does not change the
programs $40 million annual cap. The credits apply to
the insurance premium tax, and insurers qualify for
them by investing in eligible businesses through statecertified business investment funds, which prior law
called Insurance Investment Funds. The act renames
these funds Invest CT Funds.
Investment Goals
By law, companies managing funds must apply to
the Department of Economic and Community
Development (DECD) commissioner for certification as
an Invest CT fund. In doing so, a fund must, among
other things, commit to investing a portion of the funds
capital in newly forming businesses (pre-seed) and
green technology.
For funds seeking certification or credit allocations
on or after September 1, 2015, the act increases, from
3% to 7%, the amount of capital the funds must invest
in pre-seed businesses, but requires funds to meet this
goal within four years after they received their credit
allocation, rather than three years, as prior law required.
The act continues to require funds to invest at least 25%
of their capital in green technology businesses, but also
creates two additional investment targets:

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at least 25% of the funds capital must be


invested in businesses located in municipalities
with more than 80,000 people (targeted area
businesses) and
2. at least 3% of the funds capital must be
invested in cybersecurity businesses.
Under the act, cybersecurity businesses are those
that primarily provide information technology products,
goods, or services aimed at detecting, preventing, or
responding to attacks on information technology
systems or the information stored in or transiting such
systems. The attacks include attempting to obtain
unauthorized access to, exfiltration or manipulation of,
or impairment to, the systems integrity, confidentiality,
or availability.
The act makes changes to the requirements for
claiming credits and distributing returns conforming to
these new investment targets.
1.

Leveraged Capital
By law, funds must obtain investments from other
sources besides insurers (leveraged capital) before the
DECD commissioner can certify a fund and allocate
credits to it on behalf of its insurance company
investors. For funds seeking certification on or after
September 1, 2015, the act increases the share of such
capital from 5% to 10% of the insurers' total investment.
Claiming Credits
By law, the tax credit equals 100% of an insurers
investment, but insurers must claim them over 10 years
according to a statutory schedule. The act changes the
schedule for claiming credits earned for investments
made on or after September 1, 2015.
For credits earned on investments made on or
before June 30, 2015, the insurer may begin claiming
credits in the fourth year, claiming up to 10% per year
in years four through seven and 20% per year in the last
three years. For investments made on or after September
1, 2015, the insurer may begin claiming 20% of the
credit starting in the sixth year and may continue
claiming them at that annual rate until the 10th year. By
law, the insurer may carry forward unused credits, but
cannot transfer them to other taxpayers.
Performance Standards
By law, insurance investors ability to claim credits
depends on whether the fund meets its annual
investment goals. The act resets the investment goals for
funds awarded credit allocations after September 1,
2015. The changes align with the investment
commitments funds must make when they apply for
certification.

25

Under the act, a fund must have invested (1) at least


60% of its credit-eligible capital in eligible businesses
within six years, instead of four, after the commissioner
allocates the credit, and (2) at least 7% of its crediteligible capital in pre-seed businesses within four years,
instead of three years after the commissioner allocates
the credit. The fund must also have invested at least
25% in targeted area businesses and 3% in cybersecurity
businesses, but the act does not specify a date by which
they must do so.
The act requires companies managing Invest CT
funds to include information on these investments in
their annual report to the commissioner.
Distributions
In addition to tax credits, insurance company
investors receive a return on their investments
(distributions). The act adds conditions a fund must
meet before it can make a distribution.
The conditions for funds certified on or after
September 1, 2015 align with the investment goals the
act sets for them. Specifically, the fund must have
invested at least 25% of its capital in target area
businesses, 7% in pre-seed businesses, and at least 3%
in cybersecurity businesses. As under prior law, it must
also have invested (1) all of the credit-eligible capital in
eligible businesses and (2) at least 25% of the capital in
green technology businesses.
The act also requires, as a condition for
distributions from funds certified on or before June 30,
2015, at least 3% of the funds eligible capital to be
invested in pre-seed businesses.
The act allows funds to distribute returns before
they meet these investment targets under the same
conditions that apply under current law.
Fund Decertification
The act extends the period during which the DECD
commissioner may decertify a fund and cause it to
forfeit future unclaimed credits. By law, the
commissioner may decertify a fund if it fails to submit
required reports, meet its investment targets, or comply
with the distribution rules.
As under prior law, for funds receiving credit
allocations on or before June 30, 2015, the act requires
the fund to forfeit unclaimed credits if the commissioner
decertifies it within four years after she allocated its
credits and the fund failed to invest at least 60% of its
capital. For funds receiving credit allocations on or after
September 1, 2015, the act requires the fund to forfeit
the credit if the commissioner decertifies it within the
first six years of the credit allocation and the fund failed
to meet the 60% investment goal.
EFFECTIVE DATE: July 1, 2015

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172 AMBULATORY SURGICAL CENTER TAX


The act imposes a 6% gross receipts tax on DPHlicensed and Medicare-certified ambulatory surgical
centers, facilities where surgery and related services
take less than a day without subsequently requiring
patients to be admitted to a hospital. (PA 15-5, JSS (
130) excludes from this tax (1) the first $1 million of a
centers gross receipts or (2) any portion of a centers
gross receipts that constitute net patient revenue of a
hospital subject to the hospital tax.)
The centers must remit the tax quarterly, beginning
with the last quarter of 2015. This payment is due
January 31, 2016 and each subsequent payment is due
on the last day of the month preceding the quarter.
Centers must file the return electronically and remit the
tax by electronic funds transfer. Each return must
identify the centers name and location, indicate the
total gross receipts the center generated during the
quarter, and provide any other information the DRS
commissioner requires. (PA 15-5, JSS ( 130) allows
the centers to seek remuneration for the acts 6% tax.)
Centers that fail to remit the tax face a penalty
equal to 10% of the taxes owed or $50, whichever is
greater, plus interest at 1% per month. The act gives the
commissioner the same statutory enforcement powers
he has to enforce admission and dues taxes.
Beginning in FY 16, the act authorizes the
comptroller to record the revenue the tax generates each
fiscal year no later than five business days after the end
to the fiscal year.
EFFECTIVE DATE: October 1, 2015
173 FY 16 GENERAL FUND REVENUE
The act allows the comptroller to designate up to
$25 million of General Fund revenue for FY 16 as
General Fund revenue in FY 17.
EFFECTIVE DATE: Upon passage
174 & 175 ESTATE AND GIFT TAX CAP
The act puts a $20 million cap on the maximum
amount of (1) estate tax imposed on the estates of
residents and nonresidents who die on or after January
1, 2016 and (2) gift tax imposed on taxable gifts donors
make on or after January 1, 2016. (However, the
effective date for the gift tax cap specifies that it takes
effect one year sooner, on January 1, 2015.) The estate
tax cap must be reduced by the amount of any gift taxes
the decedent, the decedents estate, or the decedents
spouse paid on taxable gifts made on or after January 1,
2016, but the reduction cannot exceed the tax due. By
law, the estate and gift taxes apply to taxable estates and
gifts that total more than $2 million.

EFFECTIVE DATE: Upon passage and applicable to


estates of decedents who die on or after January 1, 2016
and gifts made on or after January 1, 2015 (see above).
176-180 CIGARETTE TAX
The act increases the cigarette tax in two steps,
from (1) $3.40 to $3.65 per pack on October 1, 2015
and (2) $3.65 to $3.90 per pack on July 1, 2016.
It imposes a 25-cent floor tax on each pack of
cigarettes that dealers and distributors have in their
inventories at the earlier of the close of business or
11:59 p.m. on (1) September 30, 2015 and (2) June 30,
2016.
By November 15, 2015 and August 15, 2016, each
dealer and distributor must report to DRS the number of
cigarettes in its inventory as of September 30, 2015 and
June 30, 2016, respectively, and pay the floor tax. If a
dealer or distributor does not report by the due date, the
DRS commissioner must estimate the number of
cigarettes in the dealers or distributors inventory using
any information the commissioner has or obtains. If this
occurs, the dealer or distributor is subject to a penalty of
10% of the tax due or $50, whichever is greater, plus
interest of 1% per month.
Failure to file the report by the due date is grounds
for DRS to revoke or not renew a cigarette dealers or
distributors license and any other DRS-issued license
or permit the person or entity holds. A dealer or
distributor who willfully fails to file is subject to a fine
of up to $1,000, one year in prison, or both. A dealer or
distributor who willfully files a false report can be fined
up to $5,000, sentenced to one to five years in prison, or
both. Late filers are subject to the same interest and
penalties that apply to other late cigarette tax payments,
10% of the tax due or $50, whichever is greater, plus
interest of 1% per month.
EFFECTIVE DATE: The (1) October 1, 2015 increase
is effective on October 1, 2015 and applicable to sales
occurring on or after that date, (2) July 1, 2016 increase
is effective on July 1, 2016 and applicable to sales
occurring on or after that date, and (3) floor tax takes
effect upon passage.
183-205 PAYMENT IN LIEU OF TAXES
(PILOT) PROGRAM
Eligible Property and Reimbursement Rates
By law, the state makes annual PILOT payments to
municipalities to reimburse them for a part of the
revenue loss from tax-exempt (1) state-owned property,
Indian reservation and trust land, and municipally
owned airports (state, municipal, or tribal property)
and (2) private nonprofit college and hospital property
(college and hospital property). The PILOTs are

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based on (1) a specified percentage of taxes that each


municipality would otherwise collect on the property
and (2) the amount the state appropriates for the
payments.
Beginning in FY 17, the act ends the existing
PILOT programs for such properties and requires the
PILOTs to be paid under a new consolidated program.
The new program reimburses municipalities for the
same types of property, at the same reimbursement
rates, using the same application and payment process
as the existing programs. As under existing law, the
rate is (1) 45% for state-owned property; (2) 77% for
college and hospital property; and (3) between 45% and
100% for other specified properties, as shown in Table
25.
Table 25: PILOT Rates for Specified Property Types under Existing Law
and the Act
Type of Property
State, Municipal, or Tribal Property
Correctional facility or juvenile detention center
John Dempsey Hospital permanent medical ward for prisoners
Mashantucket Pequot reservation land (1) designated within
1983 settlement boundary and (2) taken into trust by the federal
government for the Mashantucket Pequots on or after June 8,
1999
Land in any town where more than 50% of the land is stateowned
Connecticut Valley Hospital
Mashantucket Pequot reservation land (1) designated within the
1983 settlement boundary and (2) taken into trust by the federal
government for the Mashantucket Pequots before June 8, 1999
Mohegan reservation land taken into trust by the federal
government
Municipally owned airports
State-owned property
College and Hospital Property
U.S. Department of Veterans Affairs Connecticut Healthcare
Systems campuses
Private, nonprofit colleges and universities
Nonprofit general and chronic disease hospitals
Certain urgent care facilities

PILOT (% of
lost tax
revenue)
100%
100
100

100
65
45
45
45
45
100
77
77
77

The act also retains the following PILOTs for


municipalities that host specified properties or
institutions:
1. $100,000 to Branford for Connecticut Hospice,
2. $1 million to New London for the U.S. Coast
Guard Academy, and
3. an additional $60,000 to Voluntown for stateowned forest land.
Eligible Municipalities
Under prior law, only towns and boroughs were
eligible for state, municipal, and tribal property PILOTs.
The act conforms the law to current practice by
extending such PILOTs to cities, consolidated towns
and cities, and consolidated towns and boroughs.

27

As under existing law, the act provides college and


hospital property PILOTs to towns, boroughs, cities,
consolidated towns and cities, and consolidated towns
and boroughs, and village, fire, sewer, or combination
fire and sewer districts, and other municipal
organizations authorized to levy and collect taxes.
Prorated Grants
FY 17.
Under prior law, the PILOTs were
proportionately reduced if the amount appropriated was
not enough to fund the full amount to every
municipality or district. For FY 17, the act maintains
this requirement, but adds two mitigating features. It
(1) requires municipalities and districts to receive
PILOTs that equal or exceed the reimbursement rates
they received in FY 15 for such property and (2)
establishes an additional PILOT grant, funded from the
select PILOT account described below, for specified
municipalities and districts. It enumerates the additional
grant amount that these municipalities and districts must
receive.
FY 18 and Thereafter. Beginning in FY 18, the act
maintains the requirement that the PILOTs be
proportionately reduced, but establishes a new method
for doing so. It establishes minimum reimbursement
rates for specific types of PILOT-eligible property,
based on a municipalitys mill rate, as described below.
In addition, it requires that PILOTs for all other eligible
properties (i.e., qualified state, municipal, and tribal
property and qualified college and hospital property)
be proportionately reduced, but no lower than the
reimbursement rate the municipality or district received
in FY 15 for such property.
The act establishes minimum reimbursement rates
for PILOTs on (1) select state property (i.e., the
category of state-owned property reimbursed at 45%);
and (2) select college and hospital property (i.e.,
private, nonprofit colleges and universities, nonprofit
general and chronic disease hospitals, and certain urgent
care facilities).
Under the act, OPM must rank each municipality
based on (1) its mill rate and (2) the percentage of taxexempt property on its 2012 grand list, excluding
correctional and juvenile detention facilities. OPM
must give boroughs and districts the same ranking as the
municipalities in which they are located.
The act divides municipalities into three tiers based
on this ranking and sets a minimum reimbursement rate
for each tier, as shown in Table 26. It requires that the
portion of the grants made to tiers one and two that
exceeds the minimum reimbursement rate for tier three
(i.e., 32% for college and hospital PILOTs and 24% for
state property PILOTs) be paid from the select PILOT
account.

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Table 26: Minimum PILOT Reimbursement Rates

Municipalities
Tier one: 10 municipalities with the
highest percentage of tax-exempt
property and a mill rate of at least 25
Tier two: Next 25 municipalities with
a mill rate of at least 25
Tier three: All other municipalities

1.

Select
College and
Hospital
Property

Select
State
Property

42%

32%

37%

28%

32%

24%

The act also specifies a procedure for reducing


PILOTs beyond the minimum reimbursement rates in
Table 26 if the amount appropriated for the grants and
available in the select PILOT account (described below)
is not enough to fund them. Under this procedure, OPM
must proportionately reduce the select college and
hospital property PILOTs so that the tier one and tier
two grants are 10 percentage points and five percentage
points greater than the tier three grants, respectively.
Similarly, OPM must proportionately reduce the select
state property PILOTs such that the tier one and tier two
grants are eight percentage points and four percentage
points greater than the tier three grants, respectively. It
must pay the grants to tiers one and two that exceed the
grants paid to tier three from the select PILOT account.
Select PILOT Account
The act requires OPM to fund certain PILOT
grants from the select PILOT account, which the act
establishes as a separate, nonlapsing General Fund
account. It capitalizes the fund with sales tax revenue
transferred from the municipal revenue sharing account,
as specified below.
The act requires OPM to use the account to fund (1)
the additional PILOT grants in FY 17 and (2) beginning
in FY 18, the portion of PILOT grants paid to tiers one
and two exceeding the reimbursement rates paid to tier
three.
The act requires the account to contain any money
legally required to be deposited into it.
Reporting Requirement
The act requires OPM, beginning by July 1, 2017,
to annually report for four years to the Finance,
Revenue and Bonding Committee on the PILOTs and
include its recommendations for changes.
Mashantucket Pequot and Mohegan Fund Distribution
Prior law annually allocated a portion of the
Mashantucket Pequot and Mohegan Fund to
municipalities according to two statutory formulas
linked to the states PILOT distributions. It allocated:

$20 million of the fund to municipalities so


that each one received one-third of the
difference between what it was eligible to
receive as a state-owned property PILOT in the
appropriate fiscal year and what it would have
received if that PILOT grant program had been
funded at $85,205,085, subject to a minimum
grant amount of $1,667, and
2. $20.1 million of the fund to municipalities
according to the distribution formula for
college and hospital PILOTs.
The act instead sets each municipalitys distribution
of the two pools of funds equal to the amount they
received in total Pequot and Mohegan Fund
distributions in FY 15. (However, the total amount of
these distributions exceeds the $40.1 million in the two
pools.)
Under prior law, the Pequot and Mohegan Fund
grants from these two formulas, when added to the
grants municipalities received from the respective
PILOT programs, could not exceed 100% of the
property taxes the municipalities would have received
from such property based on the grand lists for the fiscal
year preceding the year in which the grants were
payable. The act instead provides that the grants, when
added to the newly consolidated PILOT grant, may not
exceed such thresholds. Although it makes this change,
and other conforming changes to the Pequot and
Mohegan Fund grants to reflect the acts PILOT
provisions, effective July 1, 2015, the new PILOT
provisions do not take effect until July 1, 2016.
EFFECTIVE DATE: July 1, 2016, except that the
provisions sunsetting the current PILOT programs and
modifying Mashantucket Pequot and Mohegan Fund
grants are effective July 1, 2015.
206 & 208 MOTOR VEHICLE PROPERTY
TAX MILL RATES
Beginning with the October 1, 2015 assessment
year, the act allows municipalities and special taxing
districts to tax motor vehicles at a different rate than
other taxable property, but caps the motor vehicle rate at
(1) 32 mills for the 2015 assessment year and (2) 29.36
mills for the 2016 assessment year and thereafter. The
act (1) applies to any town, city, borough, consolidated
town and city, consolidated town and borough, and
village, fire, sewer, or combination fire and sewer
districts, and other municipal organizations authorized
to levy and collect taxes and (2) supersedes any special
act, municipal charter, or home rule ordinance.
The act further limits the motor vehicle mill rate
special taxing districts and boroughs may impose by
barring them from setting a rate that, if combined with
the municipalitys motor vehicle mill rate, would exceed

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the capped rate. Presumably, a district or borough


would set its motor vehicle mill rate after the
municipality in which it is located does so.
It also makes a conforming change to a provision
allowing municipalities with more than one taxing
district to set a uniform citywide mill rate for taxing
motor vehicles. Thus, a uniform citywide mill rate
cannot exceed the capped rate.
EFFECTIVE DATE: October 1, 2015, and applicable to
assessment years beginning on or after that date.
207 & 209 MUNICIPAL REVENUE SHARING
ACCOUNT (MRSA) DISTRIBUTIONS
Beginning in FY 16, the act requires the DRS
commissioner to begin directing a portion of sales tax
revenue to MRSA (see 133 above). It requires OPM
to distribute MRSA funds for municipal grant programs,
including newly established motor vehicle property tax
grants, municipal revenue sharing grants, and regional
services grants for councils of government (COG).
Schedule for Disbursing MRSA funds
Under the act, OPM must transfer or disburse
MRSA funds beginning in FY 16 in the amounts and
order shown in Table 27.
Table 27: MRSA Distribution Schedule
FY
16
17

18 and each
year
thereafter

MRSA Distributions
$10 million for education cost sharing (ECS) grants
$10 million for ECS grants
Amount sufficient to make grants payable from the select PILOT
account
Amount sufficient to make motor vehicle property tax grants to
municipalities
Amount sufficient to pay municipal revenue sharing grants as
specified below
$3 million for regional services grants to COGs
Amount sufficient to make grants payable from the select PILOT
account
Amount sufficient to make motor vehicle property tax grants to
municipalities
$7 million for regional services grants to COGs
Any remaining amounts to provide municipal revenue sharing grants
to municipalities according to a specified formula

The act eliminates the previous process for


distributing MRSA funds, which required OPM to (1)
provide
manufacturing
transition
grants
to
municipalities and (2) distribute any remaining funds
according to a specified municipal revenue sharing
formula.
Motor Vehicle Property Tax Grants
Beginning in FY 17, the act requires OPM to
distribute motor vehicle property tax grants to
municipalities to mitigate the revenue loss attributed to
the motor vehicle mill rate cap described above. Under
the act, the FY 17 grant is equal to the difference

29

between the amount of property taxes a municipality


levied on motor vehicles for the 2013 assessment year
and the amount of the levy for that year at 32 mills. In
FY 18 and thereafter, the grant is equal to this
difference, based on the rate of 29.36 mills.
PA 15-5, JSS ( 494) (1) limits these grants to
municipalities with mill rates, or combined municipal
and district mill rates, greater than (a) 32 mills in FY 17
or (b) 29.36 mills in FY 18 and annually thereafter, (2)
increases the grant amounts to include the revenue loss
attributed to districts that levied a property tax on motor
vehicles for the 2013 assessment year, and (3) requires
municipalities to disburse to districts the portion of the
grant amount attributable to them.
Regional Services Grants
Beginning in FY 17, the act requires OPM to
distribute regional services grants to COGs on a per
capita basis, based on the most recent DPH population
estimate. (PA 15-5, JSS ( 110 & 111) instead
requires OPM to distribute the grants based on a
formula determined by the OPM secretary.) Beginning
in FY 18, the act requires each COG to get OPM
approval of a spending plan for a grant in order to
receive one grant.
The act requires COGs to use the grants (1) for
planning purposes and (2) to achieve efficiencies in
delivering municipal services on a regional basis,
including regionally consolidating services. The act
specifies that the efficiencies must not diminish the
services quality. A COGs council members must
unanimously approve any grant expenditure.
The act also requires COGs, beginning by October
1, 2017, to biennially report to the Planning and
Development and Finance, Revenue and Bonding
committees (1) on how they have spent the grants and
(2) with recommendations for expanding, reducing, or
modifying them.
Municipal Revenue Sharing Grants
Beginning in FY 17, the act requires OPM to
distribute municipal revenue sharing grants to
municipalities. It explicitly authorizes municipalities to
disburse any such grant funds to their special taxing
districts.
Under the act, OPM must distribute the grants
according to (1) specified amounts in FY 17 and (2) a
newly established formula beginning in FY 18. (PA 155, JSS ( 494) instead requires OPM to distribute the
grants according to the (1) specified amounts in FY 17
and FY 18 and (2) formula beginning in FY 19.) OPM
must proportionately reduce each municipalitys grant
amount if the total amount of grants for all
municipalities exceeds available MRSA funds.

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The formula for calculating each municipalitys


grant amount depends on its motor vehicle mill rate. As
explained below, it gives more weight to municipalities
with relatively high motor vehicle mill rates by setting a
25-mill threshold and basing the distribution on whether
a municipalitys motor vehicle mill rate is above or
below that threshold.
Formula for Municipalities Below the Threshold.
OPM must calculate grant amounts for municipalities
below the 25-mill threshold using the acts per capita
and pro rata formulas. A municipalitys grant is the
lesser of the per capita and pro rata distributions.
OPM must calculate each municipalitys per capita
distribution by multiplying the municipalitys share of
the states total population (based on the most recent
DPH population estimate) by the total amount of funds
available for the revenue sharing grants.
OPM must calculate each municipalitys pro rata
distribution using a multi-step formula, as follows:
1. First, it must calculate a municipalitys
weighted mill rate, which is its motor vehicle
mill rate for FY 15 divided by the average FY
15 motor vehicle mill rate for all
municipalities.
2. Next, it must multiply the municipalitys
weighted mill rate by its per capita distribution.
(The act refers to the outcome of this step as
the
municipal
weighted
mill
rate
calculation.)
3. OPM must then (1) divide the municipal
weighted mill rate calculation by the sum of all
municipal weighted mill rate calculations and
(2) multiply the result by the total amount of
funds available for the revenue sharing grants,
thus yielding the municipalitys pro rata
distribution.
Formula for Municipalities At or Above the 25-mill
Threshold. The formula for municipalities at or above
the 25-mill threshold also begins by calculating the per
capita and pro rata distributions, but OPM must select
the greater of the two amounts and increase it based on
a specified percentage. OPM must determine that
percentage by:
1. subtracting the total pro rata grants for
municipalities below the 25-mill threshold
from the total per capita grants for such
municipalities and
2. dividing the difference by the sum of the pro
rata and per capita distributions for
municipalities at or above the 25-mill
threshold.
The act caps the grant amounts for specified
municipalities. It caps Hartfords grant at 5.2% of the
total amount of revenue sharing grants distributed,
Bridgeports at 4.5%, New Havens at 2.0%, and
Stamfords at 2.8%. OPM must redistribute any funds

remaining after determining these caps to all other


municipalities with motor vehicle mill rates at or above
the 25-mill threshold according to the pro rata
distribution formula used to determine their initial grant
amounts.
Grant Schedule.
The act requires OPM to
distribute the funds deposited in MRSA for municipal
revenue sharing grants. It must distribute the funds
deposited between (1) October 1 and June 30 on the
following October 1 and (2) July 1 and September 30 on
the following January 31. But it allows municipalities
to apply to OPM on or after July 1 for an early
disbursement. OPM may approve a municipalitys
application if it finds that the early disbursement is
required to meet the municipalitys cash flow needs. It
must issue such disbursements annually by September
30.
Spending Cap. Beginning in FY 18, OPM must
reduce the grant amount for those municipalities whose
spending, with certain exceptions, exceeds a specified
spending cap. Under the act, the spending cap is the
greater of 2.5% or more or the inflation rate.
Municipalities that increase their general budget
expenditures over the previous fiscal year by a
percentage over this cap receive a reduced revenue
sharing grant. The reduction is generally equal to 50
cents for every dollar the municipality spends over the
cap. However, for municipalities that taxed motor
vehicles at more than 32 mills for the 2013 assessment
year, the reduction may not exceed the difference
between the amount of property taxes the municipality
levied on motor vehicles for the 2013 assessment year
and the amount the levy would have been had the motor
vehicle mill rate been 32 mills. (PA 15-5, JSS ( 494)
eliminates the grant reduction limit for such
municipalities.)
The act requires each municipality to annually
certify to the OPM secretary, on an OPM-prescribed
form, whether it has exceeded the spending cap and if
so, the excess amount.
Under the act, municipal spending does not include
expenditures:
1. for debt service, special education, or
implementing court orders or arbitration
awards;
2. associated with a major disaster or emergency
declaration by the president or disaster
emergency declaration issued by the governor
under the civil preparedness law; or
3. for any municipal revenue sharing grant the
municipality disburses to a special taxing
district, up to the difference between the
amount of property taxes the district levied on
motor vehicles in the 2013 assessment year and
the amount the levy would have been had the
motor vehicle mill rate been 32 mills, for FY

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17 disbursements, or 29.63 mills, for


disbursements in FY 18 and thereafter. (PA 155, JSS ( 494) (1) also excludes from the cap
expenditures for any motor vehicle property
tax grants disbursed to districts and (2) expands
the exclusion for municipal revenue sharing
grants to include the entire amount of these
disbursements.)
The act defines municipal spending as the
percentage growth in spending in the prior fiscal year,
but uses the term only in describing the types of
expenditures excluded from the cap.
Property Tax Statements.
The act requires
municipal tax collectors to include, as part of property
tax bills, a statement informing taxpayers of the acts
spending cap penalty. The statement must be in the
following form:
The state will reduce grants to your town if local
spending increases by more than 2.5% from the
previous fiscal year.
EFFECTIVE DATE: October 1, 2015, except the
property tax statement provision is effective October 1,
2017 and applicable to assessment years beginning on
or after October 1, 2017.
210 PILOT AND MUNICIPAL REVENUE
SHARING GRANT REPORTING REQUIREMENT
The act requires OPM, by January 1, 2016, to
report to the Planning and Development and Finance,
Revenue and Bonding committees on the acts PILOT
and municipal revenue sharing grant provisions. OPM
must include its recommendations for (1) enacting
further legislation on these provisions, (2) making
statutory changes that would help in implementing
them, (3) adjusting grant amounts or formulas, and (4)
improving and enhancing such provisions.
EFFECTIVE DATE: Upon passage
211-215 OPTIONAL PROPERTY TAX BASE
REVENUE SHARING PROGRAM
The act authorizes COGs to establish a property tax
base revenue sharing program under which
municipalities in their planning regions (1) tax
commercial and industrial (C&I) property at a
composite mill rate, based in part on the average mill
rate in their regions, and (2) share up to 20% of the
property tax revenue generated by the growth in their
C&I property tax bases since 2013, which the act
designates as the base year. The revenue sharing must
be administered by an auditor elected by COG
members.
The act allows a COG to implement the program
only if its member municipalities unanimously authorize
it to do so. It appears that COGs must decide whether to

31

participate by August 1, 2016 (the deadline by which


they must elect an auditor to coordinate the program).
It allows COGs to establish the program beginning
with the 2015 assessment year and, for those doing so,
requires municipalities to begin, on or after January 1,
2017, annually remitting revenue sharing payments by
February 1 for redistribution as described below.
Mill Rate
Growth in C&I Property Tax Base. In regions
implementing
the
revenue
sharing
program,
municipalities with growing C&I property tax bases are
taxed at a composite rate determined according to the
following formula (and a portion of the revenue
generated by the growth is shared with the regions
other municipalities). Under the act, growth in a
municipality's C&I property tax base is the difference
between the total assessed value of its C&I property for
the current year and the total assessed value of its C&I
property for the base year (increase from base year).
The act defines C&I property as real property used
for:
1. selling goods or services, including
nonresidential living accommodations, dining
establishments, motor vehicle services,
warehouses, distribution facilities, retail
services, banks, office buildings, multipurpose
buildings, commercial condominiums for retail
or wholesale use, recreation facilities,
entertainment facilities, airports, hotels, and
motels; or
2. producing or fabricating durable and
nondurable man-made goods from raw
materials or compounded parts.
It includes the lot or land on which a building is
situated and any accessory improvements, including
pavement and storage buildings, but excludes any real
property in an enterprise zone.
Municipal Commercial Industrial Mill Rate. The
act requires municipalities in participating COGs that
have had an increase in their C&I tax base from the base
year to tax C&I property at a municipal commercial
industrial mill rate, rather than their local mill rates.
Municipalities with C&I tax bases that have not
increased since the base year must tax C&I property
using their local mill rates.
The municipal commercial industrial mill rate is
calculated according to a formula that incorporates the
average mill rate in the municipalitys planning region
(regional mill rate) and the municipalitys mill rate for
the following fiscal year (i.e., the mill rate effective July
1 of the current year). Although the act does not specify
when the municipality must calculate this rate,
presumably it would do so after finalizing its budget for
the following year.

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The mill rate is determined by dividing the sum of


the following three amounts by the total assessed value
of the municipalitys C&I property for the current
assessment year:
1. the revenue sharing percentage determined by
the COG (i.e., 0.2 or less, as described below)
multiplied by the (a) increase from the base
year and (b) regional mill rate;
2. one, minus the revenue sharing percentage
(i.e., 0.8 or more) multiplied by the (a) increase
from the base year and (b) municipal mill rate
for the following fiscal year; and
3. the total assessed value of C&I property for the
base year (municipal base value) multiplied
by the municipal mill rate for the following
fiscal year.

real property and PILOT-eligible property in the


municipality divided by the municipalitys total
population (municipal fiscal capacity).
The auditor must distribute the revenue sharing
payments in the same proportion as the municipalitys
municipal distribution index bears to the total of all
municipal distribution indices in the region. In other
words, if the municipalitys fiscal capacity is the same
as the regional average, its share of the funds will be the
same as its share of the regions population. If its fiscal
capacity is above the regional average, its share will be
smaller. If its fiscal capacity is below the regional
average, its share will be larger.
Municipalities must use the revenue sharing
payments in the same way and for the same purposes for
which they use real property tax revenue.

Revenue Sharing

Administrative Auditor

Percentage. The municipalities in a planning region


that implements the program must share a portion of the
revenue generated by the growth in their C&I tax base.
Each COG implementing the program must determine
the revenue sharing percentage. That percentage, which
must be 20% or less, is a variable in the formulas used
to calculate the (1) municipal commercial industrial mill
rate and (2) municipal contribution to the area-wide tax
base, described below.
Municipal Contribution to the Area-Wide Tax Base.
Starting January 1, 2017, each municipality in a
participating COG must annually remit, by February 1,
its property tax revenue sharing payment (i.e., its
municipal contribution to the area-wide tax base) to
the administrative auditor (see below). The payment is a
portion of the property taxes paid on the growth in the
municipalitys C&I tax base since 2013, based on the
regional mill rate.
The municipality must calculate the payment
amount by (1) multiplying its increase from the base
year by the revenue sharing percentage, (2) dividing that
number by 1,000, and (3) multiplying the result by the
regional mill rate.
Municipal Distribution Index.
By March 1,
annually, the administrative auditor must distribute the
property tax revenue sharing payments according to a
distribution index based on municipal fiscal capacity
(municipal distribution index). For each municipality,
the index equals the municipalitys population
multiplied by a ratio measuring the average fiscal
capacity in the region compared to the municipalitys
fiscal capacity.
Specifically, the ratios numerator is the assessed
value of all taxable real property and PILOT-eligible
property in the planning region divided by the regions
total population (average fiscal capacity). The
denominator is the total assessed value of all taxable

The act requires each COG implementing the


program to elect, from among its members, an
administrative auditor to coordinate the programs
property tax revenue sharing payments. The COG must
elect the auditor by August 1, 2016 and in succeeding
even-numbered years. If a majority of the COG's
members cannot agree on an auditor, the OPM secretary
must appoint one from among the members.
The auditor serves for two years and until the COG
elects his or her successor. If he or she ceases to serve
as a COG member during his or her term, a successor
must be chosen to serve for the unexpired term, in the
same manner in which the original auditor was chosen
(i.e., by the COG or OPM secretary).
The auditor must use the planning regions staff
and facilities. The COGs member municipalities must
reimburse it for the marginal expenses its staff incurs.
Each municipalitys share of the total expenses is
prorated based on its share of the regions population.
Annually, by February 1, the auditor must certify, to
each municipality's treasurer or other fiscal officer, the
amount of total expenses for the preceding calendar year
and the municipality's share of the expenses. The
treasurer or officer must pay such amount to the
planning region's treasurer or fiscal officer by the
following March 1.
EFFECTIVE DATE: October 1, 2015, and applicable to
assessment years beginning on or after that date
216 ADMISSIONS TAX
From July 1, 2015 to June 30, 2017, the act
exempts from the 10% admissions tax any athletic event
presented by an Atlantic League of Professional
Baseball member team at Bridgeport's Harbor Yard
Ballpark. (PA 15-184 ( 11) has the same exemption.)

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217 SWIMMING POOL INSTALLER LICENSE


License Requirement
The act creates a swimming pool license for people
who install above-ground swimming pools. (PA 15-5,
JSS ( 405 & 517) repeal the pool installer license and
instead create a pool assembler license.)
By law, anyone who, for financial compensation,
builds or installs permanent spas or in-ground or
partially above-ground swimming pools more than 24
inches deep must be licensed as a swimming pool
builder and registered as a home improvement
contractor with DCP (CGS 20-340d). The act creates a
swimming pool installer license for people who, for
financial compensation, install above-ground swimming
pools more than 24 inches deep, and it subjects these
licensees to license and registration requirements similar
to those that apply to swimming pool builder licensees
under existing law, including registering as a home
improvement contractor. People building or installing
pools on their own residential property are exempt from
the requirements under the law as well as the act.
As is the case for the swimming pool builder
licensee, the act prohibits the swimming pool installer
licensee from performing electrical; plumbing and
piping; or heating, piping, and cooling work without
being properly licensed for this work by DCP.
As is the case for the swimming pool builder
licensee, the initial fee for the swimming pool installer
license is $150, and the annual renewal fee is $100. The
annual fee to register as a home improvement contractor
is $120, plus $100 annually for the Home Improvement
Guaranty Fund.
The act does not contain specific penalties for
swimming pool installer license violations. But by law,
DCP may impose penalties, such as revoking or
suspending DCP licenses for violations. Under the act, a
swimming pool installer licensee who violates the home
improvement contractor registration provisions is also
subject to a range of penalties.
Implementing Regulations for Swimming Pool Installers
By April 1, 2016, the act requires the DCP
commissioner to adopt implementing regulations
establishing, among other things, the amount and type
of experience, training, continuing education, and
examination requirements for getting and renewing a
pool installer license.
Once DCP adopts regulations, the act prohibits
anyone from installing, for financial compensation, an
above-ground swimming pool more than 24 inches
deep, except on his or her own property, without first
obtaining a DCP pool installer license and registering
with DCP as a home improvement contractor.

33

Anyone who applies for a license before January 1,


2017 does not have to take a license examination,
provided his or her experience and training are
equivalent to that required to qualify for the
examination under DCP regulations.
Home Improvement Contractor Registration
The act requires swimming pool installer licensees
to comply with the registration requirements that apply
to home improvement contractors under existing law.
Fees. By law, home improvement contractors must
register with DCP and pay a $220 annual fee, including
$100 for the Home Improvement Guaranty Fund. This
fund reimburses consumers unable to recover losses
suffered because the contractor failed to fulfill a
contract valued over $200, up to $15,000 per claim
(CGS 20-421 & 432).
Requirements. Among other things, registered
contractors must (1) include their registration numbers
in advertisements, (2) show their registration when
asked to do so by any interested party, and (3) use
written contracts that meet certain statutory
requirements (CGS 20-427(a) & 429).
Violations and Penalties. DCP may investigate,
refuse, suspend, or revoke a home improvement
contractor's registration and impose fines. It may impose
civil fines of up to $500 for a first offense, $750 for a
second offense, and $1,500 for subsequent offenses for
such violations as working without the required
registration or willfully employing an unregistered
individual (CGS 20-427(d)).
In addition to other remedies in law, certain
violations involving (1) fraud or misrepresentation are
class B misdemeanors and (2) failure to refund money
for home improvement work not done in a specified
time are class A or B misdemeanors depending on the
price of the work (see Table on Penalties) (CGS 20427(c)).
Finally, a violation of the home improvement
contractor laws constitutes a violation under the
Connecticut Unfair Trade Practices Act (CGS 20427(c)).
EFFECTIVE DATE: Upon passage
218 GOVERNOR'S HORSE GUARDS
The act transfers $90,000 in each of FY 16 and FY
17 from the Community Investment Account to the
Military Department for Personal Services. In each
fiscal year, $45,000 must be distributed to each of the
(1) First Company Governor's Horse Guard unit in
Avon and (2) Second Company Governor's Horse
Guard unit in Newtown.

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219 DRS STATE CORPORATION BUSINESS


TAX REPORT
By law, multistate companies subject to
Connecticuts corporation business tax must apportion
their net income or loss and alternate capital base
according to statutory apportionment formulas. By
February 1, 2016, the act requires the DRS
commissioner to (1) review how alternative
apportionment and income sourcing methods affect
Connecticut businesses and (2) make any
recommendations to the Finance, Revenue, and Bonding
Committee.
EFFECTIVE DATE: Upon passage
220 & 223 MRSA TRANSFER
The act repeals a requirement that the DRS
commissioner deposit $12.7 million of FY 15 sales and
use tax payments into MRSA and distribute the funds to
municipalities according to a specified municipal
revenue sharing formula. By June 30, 2015, it allows
the comptroller to designate up to $12.7 million of FY
15 General Fund revenue as FY 16 General Fund
revenue.
EFFECTIVE DATE: Upon passage
BACKGROUND
Consensus Revenue Estimates
By law, the OPM secretary and OFA director must
annually issue consensus revenue estimates by
November 10 and any necessary consensus revisions of
those estimates by January 15 and April 30. The
estimates must (1) cover the current biennium and the
three following years and (2) be the basis for the
governor's proposed budget and the revenue statement
included in the budget act the legislature passes.
Legislative Entrenchment
Legislative entrenchment refers to one legislature
restricting a future legislature's ability to enact
legislation. For example, CGS 2-35 previously
prohibited appropriations bills from containing general
legislation. (This provision has since been repealed.) In
Patterson v. Dempsey, 152 Conn. 431 (1965), the
Connecticut Supreme Court held that this provision of
CGS 2-35 was unenforceable, writing that, to hold
otherwise would be to hold that one General Assembly
could effectively control the enactment of legislation by
a subsequent General Assembly. This obviously is not
true, except where vested rights, protected by the
constitution, have accrued under the earlier act.

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PA 15-19sHB 6717
Aging Committee
AN ACT CONCERNING THE STATE AGING
AND DISABILITY RESOURCE CENTER
PROGRAM
SUMMARY: This act (1) renames the Community
Choices program as the Aging and Disability Resource
Center (ADRC) program and (2) requires the
Department on Aging to administer it as part of its
CHOICES program.
The ADRC program provides seniors, caregivers,
and people with disabilities with a single, coordinated
information and access program for long-term support
and institutional services. It is the states designated
ADRC program pursuant to the federal Older
Americans Act (P.L. 109-365). The CHOICES program
provides seniors and Medicare beneficiaries with,
among other things, health insurance information and
counseling.
EFFECTIVE DATE: July 1, 2015

PA 15-32sSB 290
Aging Committee
Public Health Committee
Judiciary Committee
AN ACT CONCERNING PATIENT-DESIGNATED
CAREGIVERS
SUMMARY: This act requires a hospital, when
discharging a patient to his or her home, to:
1. allow the patient to designate a caregiver at or
before the time the patient receives a written
copy of his or her discharge plan;
2. document the designated caregiver in the
patients discharge plan;
3. attempt to notify the designated caregiver of
the patients discharge; and
4. instruct the caregiver on post-discharge tasks
with which he or she will assist the patient at
home.
The act specifies that it does not create a private
right of action against a hospital or its employees,
contractors, or consultants. It prohibits these entities
and people from being held liable for services a
caregiver provides or fails to provide to the patient in
his or her home.
Additionally, the act does not affect (1) health
insurers benefit plan or reimbursement obligations, (2)
a patients discharge or transfer from a hospital to
another facility, or (3) a patients proxy health care
rights.

35

By law, a hospital is an establishment that


provides lodging, care, and treatment for people
suffering from disease or other abnormal physical or
mental conditions and includes general hospitals
inpatient psychiatric services.
EFFECTIVE DATE: October 1, 2015
DESIGNATED CAREGIVERS
Under the act, a caregiver is a person the patient
designates to provide post-discharge assistance in the
patients home (e.g., a relative, spouse, neighbor, or
friend). A patients home does not include a long-term
care facility (e.g., a nursing home or assisted living
facility), rehabilitation facility, hospital, or group home.
Post-discharge assistance includes help with basic
and instrumental activities of daily living and support
tasks (e.g., wound care, medication administration, and
medical equipment use) in accordance with the patients
written discharge plan signed by the patient or his or her
representative.
The act prohibits a caregiver from receiving
compensation for providing such assistance, including
reimbursement from a private or public health insurer.
It does not require a patient to designate a caregiver
nor does it obligate the caregiver to perform any postdischarge assistance for the patient.
DOCUMENTATION AND NOTIFICATION
REQUIREMENTS
If an inpatient designates a caregiver before
receiving his or her written discharge instructions, the
act requires the hospital to:
1. record in the patients discharge plan the
caregivers name, address, telephone number,
and relationship to the patient and
2. make reasonable attempts to notify the
caregiver of the patients discharge as soon as
practical.
The act specifies that the hospitals inability to
contact the designated caregiver must not interfere with,
delay, or otherwise affect the patients medical care or
appropriate discharge.
CAREGIVER INSTRUCTION
Requirements
The act requires hospitals, before discharging a
patient, to provide the designated caregiver with
instructions in all post-discharge assistance tasks
included in the patients discharge plan.
Caregiver training or instruction may be conducted
in person or using video technology and must, to the
extent possible, use nontechnical language. The act
requires hospitals to determine which format will

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36

AGING COMMITTEE

effectively provide the training but does not specify


where the training must take place. At a minimum, it
must include:
1. a live or recorded demonstration of the postdischarge assistance tasks performed by a
hospital designee authorized to perform the
tasks,
2. an opportunity for the caregiver to ask
questions about the tasks, and
3. answers to the caregivers questions.
The demonstration must be conducted in a
culturally competent manner according to the hospitals
requirements for providing language access services
under state and federal law.
Documentation
The act requires hospitals to document in the
patients medical record any training provided to the
patient, his or her representative, or the designated
caregiver on how to implement the discharge plan.
The hospital must also document in the patients
medical record any caregiver instruction provided on
post-discharge assistance tasks, including the date, time,
and content of such instruction.
HEALTH INSURER OBLIGATIONS
The act specifies that its provisions must not be
construed to:
1. eliminate the obligation of an insurance
company; health, hospital, or medical service
corporation; HMO; or any other entity issuing
health benefit plans to provide required benefit
coverage or
2. impact, impede, or otherwise disrupt or reduce
these entities reimbursement obligations.
PATIENTS PROXY HEALTH RIGHTS
The act specifies that its provisions do not affect or
take precedence over an advance directive,
conservatorship, or other proxy health care rights the
patient delegates or applies by law.

PA 15-40sSB 287
Aging Committee
Human Services Committee

service stakeholders, to study alternative sources of


funding for nutrition services programs. They must
report their findings and recommendations to the Aging
Committee by July 1, 2016.
By law, the departments and stakeholders must
meet quarterly to (1) develop recommendations to
address complexities in the administration of nutrition
services programs; (2) establish quality control
benchmarks for the programs; and (3) help improve the
quality, efficiency, and transparency of the elderly
nutrition program.
Under prior law, stakeholders included area
agencies on aging, access agencies, the Commission on
Aging, nutrition providers, representatives of food
security programs and contractors, nutrition host site
representatives, and consumers. The act specifies that
stakeholders include (1) at least one representative each
from area agencies on aging, access agencies, the
Commission on Aging, and nutrition providers and (2)
at least one representative from food security programs,
contractors, nutrition host sites, and consumers. The act
also makes technical changes.
EFFECTIVE DATE: July 1, 2015

PA 15-129sHB 6892
Aging Committee
Public Health Committee
AN ACT CONCERNING HOSPITAL TRAINING
AND PROCEDURES FOR PATIENTS WITH
SUSPECTED DEMENTIA
SUMMARY: Starting October 1, 2015, this act
requires hospitals to train direct care staff in the
symptoms of dementia as part of their regular staff
training.
In general, neither state law nor regulation specifies
training requirements for hospital direct care staff. In
practice, hospitals must comply with clinical training
requirements set by certain regulatory and accrediting
agencies, including the federal Occupational Safety and
Health Administration and the Joint Commission (an
independent, national accrediting agency for hospitals
and health care organizations).
EFFECTIVE DATE: July 1, 2015

AN ACT CONCERNING A STUDY OF


ALTERNATIVE FUNDING SOURCES FOR
NUTRITIONAL SERVICES FOR SENIOR
CITIZENS
SUMMARY: This act requires the aging and social
services departments, together with certain nutrition

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37

PA 15-130sHB 6894
Aging Committee
Judiciary Committee

The RCH must do this on or before a residents


admission to the home. It must also obtain written
acknowledgement that the resident or his or her
responsible party received the statement.

AN ACT CONCERNING THE SAFEGUARDING


OF FUNDS FOR RESIDENTS OF CERTAIN
LONG-TERM CARE FACILITIES

Medicaid Beneficiaries

SUMMARY: This act extends to residential care


homes (RCHs) statutory requirements for nursing
homes regarding the management of residents personal
funds. The requirements include notification and
account management procedures and penalties for
failure to comply.
Existing Department of Social Services (DSS)
regulations
establish
similar
procedures
and
requirements for managing RCH residents personal
funds. Presumably, RCHs would continue to follow
these regulations in areas left unaddressed by the act
(e.g., submitting to DSS annual statements on residents
accounts and accounting procedures when an RCH
transfers ownership) (Conn. Agencies Reg., 17-109a).
By law, an RCH is an establishment that (1)
furnishes, in single or multiple facilities, food and
shelter to at least two people unrelated to the proprietor
and (2) provides services that meet a need beyond the
basic provisions of food, shelter, and laundry (CGS
19a-521).
The act also makes technical and conforming
changes.
EFFECTIVE DATE: July 1, 2015
NOTIFICATIONS
Written Statement Prior to Admission
The act requires RCHs to provide to a resident or
the residents legally liable relative, guardian, or
conservator (i.e., the responsible party) a written
statement:
1. explaining the residents rights regarding his or
her personal funds;
2. listing the charges that may be deducted from
the funds;
3. explaining that the RCH will pay at least 5.5%
interest annually on any required security
deposit or advanced payment the resident
submits before admission to the home; and
4. for Medicaid or Medicare beneficiaries, listing
the charges not covered by their federal
benefits.

For Medicaid beneficiaries, the act requires RCHs


to provide written notification if the residents personal
account reaches $200 less than the Medicaid asset limit,
which is currently $1,600 for an individual. The notice
must advise the resident, or his or her responsible party,
that the resident may become ineligible for Medicaid if
his or her combined assets exceed the legal limit.
ACCOUNT MANAGEMENT
Consent
Under the act, a resident or his or her responsible
party can ask, and provide written consent for, the RCH
to manage the residents personal funds. If a physician
determines the resident is not mentally capable of
understanding and has no conservator, the resident and
his or her responsible party must cosign the consent.
Accounting
The RCH must prevent comingling the residents
funds with those of the RCH by establishing (1) a
separate account for each resident or (2) an aggregate
trust account.
The RCH must obtain signed receipts for each
expenditure from each residents personal funds and
maintain an individualized, itemized record of their
income and expenditures, including quarterly
accounting. It must allow access to this record by the (1)
resident or residents responsible party, (2) regional
long-term care ombudsman, and (3) Public Health and
Social Services departments.
Refunds
The act requires an RCH to refund any
overpayment or deposit made by a former resident, or
his or her responsible party, within 30 days after the
resident is discharged from the home. The RCH must
also refund a deposit made by a prospective resident
within 30 days after the individual notifies the home in
writing that he or she no longer plans to be admitted.

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AGING COMMITTEE

PENALTIES

1 & 2REPORTING ELDER ABUSE

The act extends the laws penalties for


mismanaging a nursing home residents personal funds
to mismanaging an RCH residents personal funds.
Under the act, violators are guilty of a class A
misdemeanor (see Table on Penalties). A resident, or his
or her responsible party, may bring an action in Superior
Court to recover damages. An RCH that the court finds
in violation of the act is liable for damages of three
times the amount owed.

Definitions

PA 15-236sSB 1005
Aging Committee
Banking Committee
Judiciary Committee
AN ACT PROTECTING ELDERLY CONSUMERS
FROM EXPLOITATION
SUMMARY: This act makes a number of changes in
laws regarding elder abuse. Among other things, it:
1. makes certain emergency medical service
providers mandated reporters of elderly abuse
and expands training requirements for
employees of certain entities who care for
people age 60 or older ( 1 & 2);
2. gives abused, neglected, exploited, or
abandoned elderly people a civil cause of
action ( 3);
3. requires the Commission on Aging to (a) study
best practices for reporting and identifying
elderly abuse, neglect, exploitation, and
abandonment and (b) create a portal of training
resources for financial institutions and agents
( 5);
4. requires certain financial agents to receive
training on elderly fraud, exploitation, and
financial abuse ( 5 & 6); and
5. changes definitions of elderly neglect and
necessary services ( 1).
The act also prohibits certain individuals, including
those convicted of 1st or 2nd degree larceny or 1st degree
abuse of an elderly, blind, or disabled person or person
with intellectual disabilities, from inheriting, receiving
insurance benefits, or receiving certain property from a
deceased victim. It makes changes to the disposition of
certain types of jointly owned personal property when
one owner is convicted of one of these or certain other
crimes against another owner ( 4).
Finally, the act makes technical and conforming
changes.
EFFECTIVE DATE: October 1, 2015

The act amends the definition of neglect for


purposes of reporting suspected elderly neglect, training
mandated reporters, and Department of Social Services
(DSS) investigations and services. Under prior law,
neglect referred to an elderly person (1) living alone and
not able to provide for himself or herself the services
necessary to maintain physical and mental health or (2)
not receiving such services from a responsible caretaker.
The act broadens the first definition by also including
elderly people who do not live alone. The act specifies
in the second definition that neglect is the failure of a
caretaker to provide or arrange to provide such services
to an elderly person. Under the act, services necessary
to maintain an elderly persons physical and mental
health include protection from abuse, neglect,
exploitation, or abandonment, rather than protection
from maltreatment generally.
Mandated Reporters
The law requires certain professionals (mandated
reporters) to notify DSS when they reasonably suspect
an elderly person (1) has been abused, neglected,
abandoned, or exploited or (2) needs protective services.
The act adds as mandated reporters the following
licensed or certified emergency medical service
providers: paramedics; emergency medical responders,
technicians, advanced technicians, and technicianparamedics; service instructors; and any of these
professionals who are members of a municipal fire
department.
Failure to report is punishable by a fine of up to
$500. An intentional failure to report is a class C
misdemeanor for a first offense and a class A
misdemeanor for a subsequent offense (see Table on
Penalties).
Training
The act expands the training that institutions,
organizations, agencies, and facilities must provide to
employees who care for someone age 60 or older. The
act requires this training to cover detecting elderly
exploitation and abandonment, in addition to the
previously required topics of abuse and neglect and
informing employees of their reporting responsibilities.
3 CIVIL ACTION FOR ABUSED, NEGLECTED,
OR EXPLOITED ELDERLY PEOPLE
The act gives abused, neglected, exploited, or
abandoned elderly people a cause of action against their
perpetrators and allows them to recover actual and

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AGING COMMITTEE

punitive damages, costs, and reasonable attorneys fees.


It allows the following people to sue:
1. the elderly person;
2. his or her guardian or conservator;
3. another person or an organization acting on the
elderly persons behalf with consent from the
elderly person or his or her guardian or
conservator; or
4. the personal representative of a deceased
elderly victims estate.
If the action involves elderly exploitation, the act
allows the court to prohibit the defendant from
transferring, depleting, or otherwise alienating or
diminishing any funds, assets, or property.
The act prohibits bringing an action for neglect or
abandonment against someone who does not have a
contractual obligation to provide care to an elderly
person unless the persons neglect was willful or
criminal.
4 INHERITANCE AND ESTATES
The act prohibits someone convicted of 1st or 2nd
degree larceny; 1st degree abuse of an elderly, blind, or
disabled person or person with intellectual disabilities;
or a similar crime in another jurisdiction from inheriting
or receiving part of the victims estate. This applies to
anyone found guilty as a principal or accessory of any
of these crimes. The act also excludes, from inheriting
or receiving, someone who would have been found
guilty of one of these crimes, as a principal or
accessory, if he or she had survived, as determined by
the Superior Court by a preponderance of the evidence
in an action brought by an interested person.
The act prohibits a named beneficiary on an
insurance policy or annuity from receiving any benefits
if he or she is convicted of one of these crimes against
the person who is the subject of the policy or annuity.
The act also allows an interested party to bring a court
action to determine by a preponderance of the evidence
that a beneficiary who predeceased the interested person
would have been found guilty of one of these crimes. If
there is neither a conviction nor action by an interested
party, the act allows a court to determine, based on
common law, including equity, whether the person is
entitled to any benefits. A person challenging a
beneficiarys eligibility to benefits has the burden of
proof in these proceedings.
When a person is prohibited from inheriting or
receiving part of an estate under the act, he or she is
considered to have predeceased the deceased victim for
purposes of determining inheritance and distributing the
estate.

39

Under the act, an insurance company that makes a


payment under a policys or annuitys terms is not liable
for additional payments under the act unless, before
making the payment, it received a written notice of
claim under the act at its home office or principal
address.
By law, these provisions already apply to victims of
murder with special circumstances, murder, felony
murder, arson murder, 1st degree manslaughter with or
without a firearm, or a similar crime in another
jurisdiction.
Joint Tenancy
Prior law contained a specific provision about joint
tenancy with right of survivorship (where two or more
people jointly own property and the survivor takes full
ownership).
The act limits the existing rule to
ownership of real property and creates a new rule for
personal property.
Previously, if someone was convicted of murder
with special circumstances, murder, felony murder,
arson murder, 1st degree manslaughter with or without a
firearm, or a similar crime in another jurisdiction and
owned property with the deceased in joint tenancy with
right of survivorship, the person and the deceased
became tenants in common (where each owned an
interest that could be transferred and the interest did not
end when the person died) when the conviction was
final. The act limits this rule to joint tenancies with
right of survivorship involving real property. It also
applies this rule to people convicted of 1st or 2nd degree
larceny or 1st degree abuse.
The act adds a new rule for joint tenancies with
right of survivorship concerning personal property. For
anyone convicted of one of the crimes listed above
(those listed in existing law and those added by the act),
the act converts the propertys ownership to sole
ownership by the deceased victim except to the extent a
person can prove by a preponderance of the evidence
his or her financial contribution to the property.
Overriding Prohibitions
The act allows someone convicted of 1st or 2nd
degree larceny or 1st degree abuse to petition the court
to override the acts prohibitions. The court can
override if it would (1) fulfill the deceased victims
intent or (2) avoid a grossly inequitable outcome under
the circumstances, including circumstances such as
providing restitution or substantial benefits to the victim
during his or her lifetime or the victims expressed
forgiveness. The petitioner has the burden of proof and
persuasion on such a petition.

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5 COMMISSION ON AGING STUDY

BACKGROUND

The act requires the Commission on Aging to study


best practices for reporting and identifying abuse,
neglect, exploitation, and abandonment of elderly
people, including:
1. nationwide reporting models;
2. standardized definitions, measurements, and
uniform reporting mechanisms for accurate
data collection in Connecticut; and
3. methods to promote and coordinate
communication about reporting among state
and local government entities, including law
enforcement.
The commission must consult with the Connecticut
Elder Justice Coalition Coordinating Council, DSS,
Department on Aging, Office of the Long-Term Care
Ombudsman, and chief states attorney. It must report
the studys results to the Aging Committee by January
1, 2016.

Related Acts
PA 15-242 adds the same emergency medical
service providers to the mandated reporter list.
PA 15-233 changes definitions related to (1)
reporting suspected elderly exploitation and (2) DSS
protective services and investigations, effective July 1,
2015.

5 & 6FINANCIAL INSTITUTIONS AND


AGENTS TRAINING
The act requires the Commission on Aging to
create a forum and clearing house for best practices and
free training resources to help financial institutions and
agents detect potential fraud, exploitation, and financial
abuse. The commission must establish a single portal
for resources and material by January 1, 2016.
The act requires financial agents to participate in
mandatory training to detect potential elderly fraud,
exploitation, and financial abuse, including using the
commissions portal. Agents must complete the training
within the later of six months after the commission
establishes its portal or beginning employment.
The training requirement applies to officers or
employees of banks, savings banks, credit unions, trust
companies, savings and loan associations, insurance
companies, investment companies, mortgage bankers,
trustees, executors, pension or retirement funds, other
fiduciaries, and private financial institutions who:
1. have direct contact with an elderly person
within the scope of their employment or
professional practice or
2. review or approve an elderly persons financial
documents, records, or transactions.

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PA 15-53sHB 6800
Banking Committee
AN ACT CONCERNING MORTGAGE
CORRESPONDENT LENDERS, THE SMALL
LOAN ACT, VIRTUAL CURRENCIES AND
SECURITY FREEZES ON CONSUMER CREDIT
REPORTS
SUMMARY: This act:
1. allows
Connecticut-licensed
mortgage
correspondent lenders to act as mortgage
servicers without obtaining a mortgage servicer
license from the banking commissioner, under
certain circumstances;
2. changes the fidelity bond and error and
omissions coverage requirements for mortgage
servicers;
3. voids a contract or other agreement involving
interest, consideration, or charges that violates
the laws governing small loans, and makes
other changes regarding violations of these
laws;
4. requires an applicant for a money transmitter
license to indicate whether the business will
transmit virtual currency (such as Bitcoin),
allows the commissioner to deny such a license
if the proposed business model poses an undue
risk of financial loss to consumers, and allows
him to place additional requirements on such a
license including requiring different surety
bond amounts than for other money
transmitters; and
5. prohibits credit reporting agencies from
charging certain people (including identity
theft victims) fees related to credit freezes.
EFFECTIVE DATE:
Upon passage, except the
provisions on virtual currency are effective October 1,
2015.
1-3 MORTGAGE SERVICERS
Correspondent Lenders Acting as Servicers
The law requires mortgage servicers, with some
exceptions, to obtain a license from the banking
commissioner. New licensing requirements took effect
on January 1, 2015. The act conforms the law to agency
practice by allowing Connecticut-licensed mortgage
correspondent lenders to act as mortgage servicers
without obtaining a mortgage servicer license when they
do so for residential mortgage loans they made (1)
during the loans 90-day holding period and (2) using a
licensed main or branch office.
Under the act, this exception does not apply while a
persons correspondent lender license is suspended.

41

By
law,
Connecticut-licensed
mortgage
correspondent lenders are allowed to make residential
mortgage loans in their names. The mortgages are
funded by others under certain types of agreements, and
the correspondent lenders can hold the loans for up to
90 days.
The act requires these correspondent lenders to
follow the laws requirements for mortgage servicers
when they perform this role, including recordkeeping
and disclosure requirements, complying with federal
law and fee schedule restrictions, and avoiding
prohibited acts. But the act does not require them to
meet the surety and fidelity bond and errors and
omissions coverage requirements for mortgage
servicers.
By law, most banks, their subsidiaries, and
Connecticut-licensed mortgage lenders that meet the
bond and errors and omissions coverage requirements
can act as mortgage servicers without a license.
Fidelity Bonds and Insurance Coverage
The law requires mortgage servicers and mortgage
lenders acting as mortgage servicers to have (1) a
fidelity bond to cover losses from fraud, embezzlement,
misplacement, forgery, and similar acts committed by
their employees and (2) errors and omissions coverage
for losses arising from negligence, errors, and omissions
related to the payment of real estate taxes and special
assessments, hazard and flood insurance, or mortgage
and guaranty insurance.
The law sets the fidelity bond and errors and
omissions coverage amounts based on the mortgage
servicers volume of servicing activity, as most recently
reported to the commissioner. Prior law required
coverage of $300,000 plus (1) 0.15% of the amount of
residential mortgage loans serviced between $100
million and $500 million, (2) 0.125% of the amount of
such loans serviced from $500 million to $1 billion, and
(3) 0.1% of the amount of such loans serviced above $1
billion. The act makes these amounts the minimum
coverage required and allows servicers to have more
coverage.
Previously, the fidelity bond and errors and
omissions coverage could include a deductible of up to
$100,000 or 5% of the principal. The act instead caps
the deductible at $100,000 or 5% of the bonds or
coverages face amount.
4 SMALL LOANS
The law prohibits anyone, unless authorized under
the small loan lender laws, from directly or indirectly
charging, contracting for, or receiving any interest,
charge, or consideration greater than 12% annually on a
loan or use or forbearance of money or credit valued at

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up to $15,000. By law, any loan with an interest rate or


charge greater than these provisions allow is
unenforceable in Connecticut.
The act also makes a contract of loan or use or
forbearance of money or credit void if it charges,
contracts for, or someone receives interest,
consideration, or charges beyond what the law permits.
It prohibits anyone from collecting or receiving the
principal, interest, charges, or consideration on such a
contract. It also prohibits anyone from directly or
indirectly assisting another person in prohibited conduct
regarding small loans.
Anyone who violates the acts provisions is subject
to the commissioners authority to (1) investigate
suspected violations of the small loan requirements and
(2) take various actions, including suspending,
revoking, or refusing to renew a persons license;
issuing a cease and desist order; imposing civil
penalties; and requiring restitution.
5-8 VIRTUAL CURRENCY AND MONEY
TRANSMISSION
Generally, the Money Transmission Act regulates
businesses, other than banks, that receive and transmit
money. It requires these businesses to be licensed,
imposes financial conditions on them, and subjects them
to Banking Department oversight.
As part of the initial application or license renewal
process, the act requires a person to indicate whether his
or her money transmission business will include
transmitting monetary value in the form of virtual
currency.
The act allows the commissioner to deny a money
transmission license to an otherwise qualified applicant
who will or may engage in business involving virtual
currency if the commissioner believes the license would
represent an undue risk of financial loss to consumers,
considering the applicants proposed business model.
Licenses Restrictions and Bond Requirements
The act allows the commissioner to place additional
requirements, restrictions, or conditions on the license
of an applicant whose business will or may involve
virtual currency. This can include imposing different
surety bond requirements than ordinarily apply to
money transmitters. Any amount imposed must
reasonably address the current and prospective volatility
of the market in virtual currencies.
By law, transmitters post these bonds for the
faithful performance of their obligations and to ensure
they conduct business according to law. Table 1 shows
the bond requirements ordinarily imposed on money
transmitters based on the amount of business they
conduct.

Table 1: Bond Requirements for Money Transmitters


Average weekly amount of money
transmitted in the state for year
ending June 30
Less than $300,000
$300,000 to $500,000
More than $500,000

Amount of Bond
$300,000
$500,000
$1 million

By law, a money transmitter may replace some or


all of the bond requirement with specified investments,
but the total amount of investments and bonds must
equal the bond amounts described above.
Virtual Currency Defined
Under the act, virtual currency is a digital unit (1)
used as a medium of exchange or form of digitally
stored value or (2) incorporated into payment system
technology. It includes digital units of exchange that:
1. have a centralized repository or administrator,
2. are decentralized without a centralized
repository or administrator, or
3. may be created or obtained by computing or
manufacturing effort.
Under the act, virtual currency does not include
digital units used:
1. solely in online gaming platforms with no
other market or application or
2. exclusively in a consumer affinity or rewards
program that (a) can be used only as payment
for purchases with the issuer or another
designated merchant and (b) cannot be
converted into or redeemed for fiat currency
(government-backed currency, such as the U.S.
dollar).
9 SECURITY FREEZES ON CREDIT REPORTS
The law allows a consumer to request that a credit
rating agency place a security freeze on his or her credit
report. A freeze prohibits the agency from releasing
information in the credit report without the consumers
express authorization.
The act prohibits credit rating agencies from
charging the fees that would otherwise apply for
placing, removing, or temporarily lifting a security
freeze on a persons credit report (up to $10) or
temporarily lifting the freeze for a specific party (up to
$12) to the following people:
1. an identity theft victim or his or her spouse
who submits a copy of a police report to the
credit rating agency;
2. a person who submits a copy of a police report
to the credit reporting agency and is covered by
the identity theft victims individual or group
health insurance policy for (a) basic hospital

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expenses, (b) basic medical-surgical expenses,


(c) major medical expenses, or (d) hospital or
medical services, including those provided
through an HMO;
3. anyone under age 18 or at least age 62;
4. anyone who has a court-appointed guardian or
conservator; or
5. a person who provides evidence to the credit
rating agency that he or she is a domestic
violence victim (evidence may include police,
government, or court records; documents from
people the victim sought assistance from such
as shelter workers or medical or legal
professionals; or a statement from someone
who knows the circumstances of the violence).
By law, after placing a security freeze, credit
reporting agencies give the consumer an identification
number to use to release his or her report to a third
party, release the report for a period of time, or remove
a freeze. The act prohibits credit reporting agencies
from charging anyone a fee the first time he or she
requests a replacement identification number.
BACKGROUND
Related Act
PA 15-62 allows a minors parent or legal guardian
to place a security freeze on the minors credit report.

43

To initiate a security freeze, the act requires the


parent or guardian to provide the credit rating agency
with:
1. a written request by certified mail or other
secure method authorized by the rating agency
and
2. proper identification and sufficient proof of
authority to act for the minor, such as a court
order, an original copy of the minors birth
certificate, or a written notarized statement
signed by the parent or guardian that expressly
describes his or her authority to act and is
acknowledged according to law by a judge,
family support magistrate, court clerk or
deputy clerk with a seal, town clerk, notary
public, justice of the peace, or Connecticutlicensed attorney.
The act requires the agency to freeze the minors
credit report within five business days of receiving a
request. The parent or legal guardian can request the
freezes removal by submitting (1) a written request to
the agency in the same way as the law allows for
removing freezes of an adults credit report and (2)
proper identification and sufficient proof of authority to
act for the minor. The agency must remove a freeze
within 15 business days of a request.
EFFECTIVE DATE: October 1, 2015
BACKGROUND
Security Freezes

PA 15-62HB 6403
Banking Committee
AN ACT CONCERNING SECURITY FREEZES
ON CHILDREN'S CREDIT REPORTS
SUMMARY: This act allows a minors parent or legal
guardian to place a security freeze on the minors credit
report. Under the act, a minor is someone under age
18 at the time a security freeze request is submitted.
Under the act, the freeze prohibits a credit rating
agency from releasing the minors credit report and
information derived from it, if the agency has
information about the minor. If the agency does not
have information about the minor, it must create, but not
release, a record that compiles information identifying
him or her. The agency cannot use the record to
consider the minors character; reputation; personal
characteristics; mode of living; or credit worthiness,
standing, or capacity. The act prohibits the agency from
releasing the minors credit report, information derived
from it, or records created for the minor.

The law allows a consumer to request that a credit


rating agency place a security freeze on his or her credit
report. A freeze prohibits the agency from releasing
information in the credit report without the consumers
express authorization.
The agency provides the
consumer with a personal identification number that the
consumer can use to authorize (1) release of his or her
report for a period of time or a specific purpose or (2)
termination of the freeze.
Related Act
PA 15-53, among other things, prohibits credit
rating agencies from charging security freeze fees to
certain people such as identity theft victims and people
under age 18.

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PA 15-124sHB 6752
Banking Committee
Appropriations Committee
Judiciary Committee

timeframe. The program is funded within available


appropriations.

AN ACT EXTENDING THE FORECLOSURE


MEDIATION PROGRAM

The act expands the types of homeowners who may


participate in the foreclosure mediation program. Under
existing law, a homeowner could participate in the
program if he or she (1) was the owner-occupant of a
one-to-four family home in Connecticut that he or she
used as a primary residence and (2) was the borrower
under a mortgage on the property. For foreclosure
actions with a return date on or after October 1, 2015,
the act also allows a homeowner who is not the
borrower on the mortgage but is a permitted successorin-interest to participate in the program.
Under the act, a permitted successor-in-interest is
someone who is a defendant in a foreclosure action with
a return date on or after October 1, 2015, and is:
1. a decedent-mortgagors former spouse, who
acquired sole title to the residential real
property by virtue of (a) a transfer from the
decedent's estate or (b) the death of the
decedent-mortgagor where title was held as
joint tenants or tenants in the entirety (see
BACKGROUND) or
2. the spouse or former spouse of a mortgagor or
former mortgagor who (a) acquired title by
virtue of a transfer resulting from a divorce
decree, legal separation agreement, or property
settlement agreement and (b) ensures that all
necessary consents to the disclosure of
nonpublic personal financial information have
been provided to the mortgagee (see below).
By law, a religious organization that is the owner of
real property located in Connecticut and the borrower
under a mortgage on such real property may also
participate in the program.

Permitted Program Participants

SUMMARY: This act extends the state's foreclosure


mediation program for three years, until July 1, 2019.
Courts may not accept mediation requests on or after
that date, and the program terminates when the
mediation of all previously submitted requests
concludes. Under prior law, courts could not accept
mediation requests on or after July 1, 2016.
The act also expands the scope of the program for
foreclosure actions with a return date on or after
October 1, 2015. In these cases, it makes eligible an
owner-occupant who is not a borrower on the mortgage
but who is a permitted successor-in-interest (i.e., a
person who, among other things, holds title to the
property as a result of certain events, such as divorce,
legal separation, property settlement, or the borrowers
death).
It expands the account history and related
information a mortgagee must provide to a mediator and
mortgagor by requiring the mortgagee to include copies
of any agreements that modify the note or mortgage.
Under the act, a mortgagee must also provide the most
current version of required evaluation forms.
The act (1) specifies when the required premediation meeting between the mediator and mortgagor
must be held and (2) extends the deadline to submit
certain forms and documentation to the mortgagee. The
act allows the court, for good cause, to grant a
mediators motion to extend the premediation period.
The act requires the chief court administrator to
report on the mediation program to the Banking
Committee annually starting March 1, 2016 until March
1, 2019, instead of once by February 14, 2015. Under
existing law, the chief court administrator must work
with the governor's office, the banking industry, and
consumer advocates to develop some of the required
report data. The act requires that he also work with the
Banking Department.
It also makes technical and conforming changes.
EFFECTIVE DATE: July 1, 2015
FORECLOSURE MEDIATION PROGRAM
The state's foreclosure mediation program
determines whether parties can reach an agreement to
avoid foreclosure. The Judicial Branch's foreclosure
mediators conduct mediation sessions with the
mortgagee (lender) and the mortgagor (borrower or
certain non-borrowers) in a statutorily prescribed

Consent to the Disclosure of Nonpublic Personal


Financial Information
By law, a mortgagor must file an appearance and
foreclosure mediation certificate forms with the court
within 15 days after the return date for the foreclosure
action.
Under the act, for actions with a return date on or
after October 1, 2015, in order for a spouse to be
considered a permitted successor-in-interest, the court
must confirm that the foreclosure mediation certificate
consents to the full disclosure of certain nonpublic
personal financial information by the mortgagee, to the
extent the mortgagee has such information.
The spouse or former spouse must consent to
disclosing this information to any other person who is
obligated as a borrower on the note. Any other person

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who is a mortgagor must consent to disclosing this


information to a spouse or former spouse.
If a foreclosure mediation certificate is not
submitted by a mortgagor, other than a spouse or former
spouse claiming to be a permitted successor-in-interest,
the court must confirm, instead of the requirements
described above, that the foreclosure mediation
certificate submitted by the spouse or former spouse
contains a signed statement certifying that all people
who are obligated on the note have otherwise given
documentation to the mortgagee authorizing the full
disclosure by the mortgagee of that person's nonpublic
personal information to the spouse or former spouse.
Under the act, the mortgagee may rebut any such
certification, if it submits a written statement to the
court certifying that, based on reasonable belief, the
mortgagee does not possess such documentation.
Account History Requirement
By law, for foreclosure actions with return dates on
or after July 1, 2009 for residential real property and on
or after October 1, 2011 for real property owned by a
religious organization, the court must notify all
appearing parties when it assigns a case to mediation.
The mortgagee or its counsel, upon receiving the notice
of case assignment, must send an account history and
related information to the mediator and mortgagor.
Under existing law, related information includes all
reasonably necessary forms needed for the mortgagee to
evaluate the mortgagor for common foreclosure
alternatives available through the mortgagee, if any.
The act requires the mortgagee to send the most current
versions of these forms.
Existing law requires the mortgagee to also send
the mediator and mortgagor a copy of the note and
mortgage. Under the act, the mortgagee must also
include any agreements modifying the note and
mortgage.

45

this deadline to (1) the end of any premediation period


extension granted by the court (see below) or (2) three
days after the court denies a motion for such an
extension.
Premediation Period Extension
The act allows the court, for good cause, to grant a
mediators motion to extend the premediation period
beyond the 84th day after the return date.
Under the act, the mediator must file such motion,
with a copy simultaneously sent to the mortgagee and as
soon as practicable to the mortgagor, not later than the
84th day after the return date. The mortgagee and
mortgagor must file an objection or supplemental papers
within five business days after the day the motion for
extension was filed. The court must issue its ruling,
without a hearing, within 10 business days after the date
the motion was filed. If the court determines that good
cause exists for an extension, it must establish an
extended deadline so that the premediation period ends
as soon as practicable, but not later than 35 days after
the ruling. The court must consider the complexity of
the mortgagor's financial circumstances, the mortgagee's
documentation requirements, and the timeliness of the
mortgagee's and mortgagor's compliance with their
respective premediation obligations.
REPORTING REQUIREMENT

By law, the court must (1) assign a foreclosure


mediator and (2) schedule a meeting with the mediator
and the mortgagor. Under the act, the court must hold
the meeting, if possible, within 49 days after the return
date. Prior law required only the scheduling of the
meeting within this timeframe.

The act requires the chief court administrator,


starting March 1, 2016 until March 1, 2019, to submit
annually to the Banking Committee a summary of the
mediation program and specified data collected from
mediators' reports received from July 1, 2013 to
December 31 of the year immediately preceding each
report. Among other things, the specified data include
the aggregate number of mediation cases, mediation
sessions, and agreements reached. Prior law required
the chief court administrator to report once by February
14, 2015.
Existing law requires the chief court administrator
to work with the governor's office, the banking industry,
and consumer advocates to develop the data points
required for this report. Under the act, the chief court
administrator must also work with the Banking
Department to develop these data points for the annual
reports.

Delivery of Forms and Documents to Mortgagee

BACKGROUND

Under the law, the mediator must confirm


submission of the forms and documentation by the
mortgagor to the mortgagee's counsel and at the
mortgagee's election, directly to the mortgagee. Prior
law required the mediator to do so as soon as practicable
within 84 days after the return date. The act extends

Joint Tenancy

Mediator and Mortgagor Pre-mediation Meetings

Joint tenancy is a type of concurrent estate in


which co-owners have a right of survivorship. Thus, if
one owner dies, his or her property interest passes to the
surviving owner or owners by operation of law,

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career and life skill electives, which may include


personal finance courses (CGS 10-221a).

avoiding probate.
Tenancy By The Entirety
Tenancy by the entirety is a type of concurrent
estate where a married couples ownership of property
is treated as though a couple were a single legal person.
Like joint tenancy, it also involves a right of
survivorship. If one spouse dies, sole control of the
property passes to the surviving spouse without going
through probate.

PA 15-138sSB 319
Banking Committee
Education Committee
Higher Education and Employment Advancement Committee

AN ACT CONCERNING FINANCIAL LITERACY


EDUCATION
SUMMARY: This act adds topics that must be
included in any financial literacy instruction plan that
the State Department of Education (SDE), Board of
Regents for Higher Education (BOR), and UConn
Board of Trustees (BOT) develop in consultation with
the Banking Department (see BACKGROUND). By
law, any such plan must include instruction on the use
of credit and debit cards. The act adds instruction in
banking, investing, saving, and handling of personal
finance.
By law, the State Board of Education, within
available appropriations and using available material,
must assist and encourage school districts to provide
courses in personal financial management. Under the
act, personal financial management courses must
include any financial literacy instruction plan SDE,
BOR, and UConn BOT develop.
EFFECTIVE DATE: October 1, 2015
BACKGROUND
Financial Literacy Instruction Plan
By law, SDE, BOR, and UConn BOT, in
consultation with the Banking Department, may develop
a plan to ensure that students in public high schools and
state higher education institutions receive financial
literacy instruction, which may occur (1) during a public
high school student's final year and (2) by the end of the
second semester for students at state higher education
institutions (CGS 10-16pp).
Related Law
By law, starting with the class graduating from high
school in 2020, students must take at least two credits in

PA 15-162sHB 6915
Banking Committee
AN ACT CONCERNING A STUDENT LOAN
BILL OF RIGHTS
SUMMARY:
This act requires the banking
commissioner, within available appropriations, to create
the position of student loan borrower ombudsman in
the Banking Department to provide timely assistance to
student loan borrowers (borrowers). It establishes the
ombudsmans duties and requires him or her, in
consultation with the commissioner and within available
appropriations, to implement and maintain a prescribed
student loan borrower education course.
It also establishes a separate non-lapsing account in
the Banking Fund, called the student loan ombudsman
account, to be funded by student loan servicers
licensing and investigation fees and any other money
required by law. The act requires the commissioner to
use money in the account for the ombudsman position
and the education course.
The act establishes licensure requirements and
standards of conduct for student loan servicers. It
exempts banks, credit unions, and certain of their
subsidiaries from the servicer licensure requirements.
The commissioner (1) must adopt regulations
implementing the servicer provisions and (2) may
conduct investigations and examinations and take
enforcement action against violators.
The commissioner must also report annually, starting
by January 1, 2016, to the Banking and Higher
Education and Employment Advancement committees
on, among other things, the implementation of the
ombudsman position and the licensing and oversight of
student loan servicers.
EFFECTIVE DATE: July 1, 2016, except the provisions
on the ombudsman position and the definitions are
effective October 1, 2015.
2 DEFINITIONS
Under the act, a "student loan borrower" is (1) any
Connecticut resident who has received or agreed to pay
a student education loan or (2) anyone who shares
repayment responsibility with such resident.
A "student education loan" is any loan used mainly
for financing education or other school-related
expenses.
A "student loan servicer" is any person, regardless of
location, responsible for servicing any student education
loan to any student loan borrower.

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With regard to a student education loan, "servicing"


means:
1. receiving scheduled periodic payments from a
borrower according to the terms of a loan,
2. applying the payments according to the loan
terms, and
3. performing other administrative services.
1 STUDENT LOAN OMBUDSMAN POSITION
General Duties
Under the act, the ombudsman, in consultation with
the commissioner, must:
1. receive and review complaints from borrowers;
2. attempt to resolve the complaints, including
doing so in collaboration with institutions of
higher education, loan servicers, and any other
participants in student loan lending, including
the University of Connecticut, Board of
Regents for Higher Education, Office of
Higher Education, or Connecticut Higher
Education Supplemental Loan Authority;
3. compile and analyze complaint data;
4. help borrowers understand their rights and
responsibilities under the terms of student
education loans;
5. provide information to the public, agencies,
legislators, and others about borrowers
problems
and
concerns
and
make
recommendations for resolving those problems
and concerns;
6. analyze and monitor the development and
implementation of federal, state, and local
laws, regulations, and policies on borrowers
and recommend necessary changes;
7. review the loan history for borrowers who give
written consent;
8. disseminate information about his or her
availability to help those with servicing
concerns, such as borrowers, potential
borrowers, state higher education institutions,
and loan servicers; and
9. take any other actions necessary to fulfill his or
her duties.
Student Loan Borrower Education Course
The act requires the ombudsman, in consultation
with the commissioner and within available
appropriations, to establish a student loan borrower
education course by October 1, 2016. The course must
include educational presentations and material about
student education loans. It must cover key loan terms,
documentation requirements,
monthly payment
obligations, income-based repayment options, loan

47

forgiveness, and disclosure requirements.


3-6 & 9 STUDENT LOAN SERVICERS
3 Licensure
The act generally requires any person acting as a
student loan servicer to obtain a license from the
commissioner.
Exemptions. The act exempts the following from the
student loan servicer licensing requirements:
1. any bank, out-of-state bank, Connecticut credit
union, federal credit union, or out-of-state
credit union;
2. any wholly owned subsidiary of any such bank
or credit union; and
3. any operating subsidiary where each owner is
wholly owned by the same bank or credit
union.
Application. An applicant for a student loan servicer
license must file a written application, prescribed by the
commissioner, along with:
1. a $1,000 nonrefundable license fee;
2. an $800 nonrefundable investigation fee;
3. a notarized financial statement prepared by a
certified public accountant or public
accountant, the accuracy of which is attested to
by someone authorized to execute such
documents; and
4. any history of criminal convictions (including
sufficient related information) of the applicant
and each partner, member, officer, director,
and principal employee of such applicant.
The act allows the commissioner to conduct a state
and national criminal history records check of the
applicant and each partner, member, officer, director,
and principal employee of the applicant.
Under the act, the commissioner, on receipt of the
application and fees, must also investigate the
applicants (1) financial condition and responsibility, (2)
financial and business experience, and (3) character and
general fitness.
The act allows the commissioner to issue a student
loan servicer license if he finds that:
1. the applicants financial condition is sound;
2. the business will be conducted honestly, fairly,
equitably, carefully, efficiently, consistent with
the acts purposes and intent, and in a manner
commanding the communitys confidence and
trust;
3. the applicant and the applicants control
persons (e.g., partner, senior executive, or
shareholder with 10% of each class of the
corporations securities) are qualified and of
good character;

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BANKING COMMITTEE

4.

no one on behalf of the applicant has


knowingly made a material misstatement or
omission in the application; and
5. the applicant meets other similar requirements
as determined by the commissioner.
License Expiration and Surrender. A student loan
servicer license expires at the close of business on
September 30 of the odd-numbered year immediately
following its issuance, unless it was renewed,
surrendered, suspended, or revoked.
Within 15 days after a licensee, for any reason, stops
engaging in student loan servicing anywhere in the
state, such licensee must (1) surrender its license for
such location and (2) notify the commissioner in
writing. The act requires the written notice to identify
the location where the licensees records will be stored
and the name, address, and telephone number of an
individual authorized to provide access to the records.
Under the act, a license surrender does not reduce or
eliminate the licensee's civil or criminal liability arising
from acts or omissions occurring before the surrender.
License Renewal. Under the act, a student loan
servicer license may be renewed biennially. The
renewal application must be filed by September 1 of the
year in which the license expires and must be
accompanied by all documents and fees required for the
initial licensure. Any renewal application filed after that
date must include a $100 late fee, and any such filing is
deemed to be timely and sufficient.
If a license renewal application is filed on or before
the license expiration date, it remains effective until the
commissioner (1) issues the renewal or (2) notifies the
licensee in writing of his refusal to renew the license,
including the grounds for denial. The commissioner
may refuse to renew a license for the same reasons he
may deny an initial license application.
Automatic Suspension. The commissioner must
automatically suspend the initial or renewal license if
payment of the required fees is returned or not accepted
by the bank. The commissioner must give the licensee
notice of the automatic suspension, pending proceedings
for revocation or refusal to renew, and an opportunity
for a hearing.
Information Update. Under the act, an applicant or
licensee must notify the commissioner in writing of any
change in the information provided in its initial license
application or most recent license renewal application,
within 10 business days after the information changed.
Abandoned Application.
The act allows the
commissioner to deem an application abandoned if the
applicant fails to respond to any request for information
the act or regulations require. The commissioner must
notify the applicant, in writing, that if the information is
not submitted within 60 days from the request date, the
application will be deemed abandoned. Application fees
for abandoned applications are not refunded. However,

the act allows the applicant to submit a new application


with the required filing fees.
4 Name and Location
Under the act, a loan servicer licensee must use the
name and business address stated in its license. The
licensee must (1) maintain one place of business under
the license and (2) notify the commissioner in writing of
any location change. The act allows the commissioner
to issue more than one license to a licensee. A license is
not transferable or assignable.
5 Record Retention
Student loan servicer licensees, as well as persons
exempt from licensure (e.g., banks, credit unions), must
maintain adequate records of each student education
loan transaction for (1) at least two years following the
final payment on the loan or the assignment of the loan,
whichever occurs first, or (2) a longer period as required
under law.
Under the act, if requested by the commissioner, a
loan servicer must make the records available or send
them to the commissioner within five business days of
the request. The commissioner may allow additional
time, if requested. The records must be sent by (1)
registered or certified mail, return receipt requested, or
(2) any express delivery carrier that provides a dated
delivery receipt.
9 Compliance with Federal Law
A loan servicer must comply with all applicable
federal laws and regulations, including the federal
Truth-in-Lending Act and its implementing regulations.
The act (1) considers a violation of any such federal law
or regulation to be a violation of this requirement and
(2) authorizes the commissioner to take enforcement
action against any violator, in addition to any other legal
remedies.
6 Prohibited Practices
The act prohibits a student loan servicer from:
1. employing, directly or indirectly, any scheme,
device, or artifice to defraud or mislead
borrowers;
2. engaging in any unfair or deceptive practice
toward any person or misrepresenting or
omitting any material information in
connection with the servicing of a student
education loan, including any fees, payments
due, loan terms, or borrower obligations;
3. obtaining
property
by
fraud
or
misrepresentation;

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4.

5.

6.

7.

8.

knowingly misapplying or recklessly applying


student education loan payments to a loans
outstanding balance;
knowingly or recklessly providing inaccurate
information to a credit bureau, causing harm to
a borrower's creditworthiness;
failing to report both the favorable and
unfavorable payment history of the borrower to
a nationally recognized consumer credit bureau
at least annually if the servicer regularly
reports information to a credit bureau;
refusing to communicate with an authorized
representative of the borrower who provides a
written authorization signed by the borrower
(the servicer is allowed to adopt procedures to
verify that the representative is authorized to
act on the borrowers behalf); and
negligently making any false statement or
knowingly and willfully omitting a material
fact in connection with any information or
reports filed with a government agency or in
connection with any investigation conducted
by the commissioner or another government
agency.

7-10 COMMISSIONERS OVERSIGHT AND


AUTHORITY
7 Investigation and Examination
The act allows the commissioner to conduct
investigations and examinations for the purposes of
initial licensing; license renewal, suspension,
revocation, or termination; or any general or specific
inquiry or investigation to determine compliance with
the act. The commissioner may review, investigate, or
examine any loan servicer or person subject to the acts
provisions as often as necessary to carry out its purpose.
The act requires the commissioner to have full
access to any books, accounts, records, files, documents,
information, or evidence relevant to an inquiry or
investigation regardless of the location, possession,
control, or custody of the documents, information, or
evidence.
These records include the applicants
criminal, civil, administrative, personal, and credit
history. The act allows the commissioner to direct,
subpoena, or order the (1) attendance of and examine
under oath any person whose testimony may be required
and (2) production of any books, accounts, records,
files, or documents he deems relevant.
The commissioner may (1) control access to any
documents and records of the loan servicer licensee or
person under examination or investigation and (2) take
possession of the documents and records or place a
person in exclusive charge of them in the place where
they are usually kept. The act prohibits the removal or

49

attempted removal of any of the documents and records


during the control period, except by court order or with
the commissioners consent. The servicer licensee or
owner of the documents and records must have access
to them as needed to conduct its ordinary business,
unless the commissioner has reason to believe there is a
risk that the documents or records will be altered or
destroyed to conceal a violation.
Under the act, the commissioner may:
1. retain
attorneys,
accountants,
other
professionals, and specialists as examiners,
auditors, or investigators to conduct or assist in
conducting examinations or investigations;
2. enter into agreements or relationships with
other government officials or regulatory
associations to improve efficiencies and reduce
regulatory burden by sharing resources,
standardized or uniform methods or
procedures,
and
documents,
records,
information, or evidence obtained under his
authority;
3. use, hire, contract for, or employ public or
privately
available
analytical
systems,
methods, or software to examine or investigate
a person subject to the act;
4. accept and rely on examination or investigation
reports made by other government officials;
and
5. accept audit reports made by an independent
certified public accountant for the licensee or
person on the same general subject matter as
the audit, and incorporate the audit report in the
commissioners report of examination or
investigation, or other writing.
A loan servicer licensee or person subject to
investigation or examination under this act may not
knowingly withhold, abstract, remove, mutilate, destroy,
or hide any books, records, computer records, or other
information.
Under the act, the commissioners authority remains
in effect whether a loan servicer licensee or person
subject to its provisions acts or claims to act (1) under
any state licensing or registration law or (2) without
such authority.
8 Enforcement
Under the act, the commissioner may suspend,
revoke, or refuse to renew any student loan servicer
license, or take any other action, in accordance with
existing procedures, for any violations or any reason
that would be sufficient grounds for him to deny a
license application. If the license is surrendered,
revoked, or suspended before it expires, the
commissioner may not refund any portion of the license
fee.

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50

BANKING COMMITTEE

The commissioner may take any action allowed


under state banking laws when it appears to him that a
(1) person violated, is violating, or is about to violate
the act or any related regulations or (2) licensee or any
owner, director, officer, member, partner, shareholder,
trustee, employee, or agent of such licensee has
committed fraud, engaged in dishonest activities, or
made any misrepresentation. By law, such actions
include sending notice of a violation after holding an
investigation, offering to hold a hearing on the matter,
imposing civil penalties up to $100,000 per violation,
issuing orders of restitution, and other actions.
1 COMMISSIONERS REPORTING
Under the act, the commissioner must report
annually, starting by January 1, 2016, to the Banking
and Higher Education and Employment Advancement
committees on:
1. the implementation of the ombudsman position
and related provisions,
2. the overall effectiveness of the ombudsman
position, and
3. additional steps needed for the department to
gain regulatory control over the licensing and
oversight of student loan servicers.

PA 15-235sSB 924
Banking Committee
AN ACT CONCERNING REVISIONS TO
VARIOUS CONNECTICUT BANKING
STATUTES
SUMMARY: This act makes numerous unrelated
changes in various banking statutes. Among other
things, it:
1. makes several revisions to the Connecticut
Truth-in-Lending Act (Connecticut TILA) to
make it substantially similar to the federal
Truth-in-Lending Act (federal TILA) and
related regulations;
2. expands
the
banking
commissioners
enforcement authority by allowing him to
impose a civil penalty on creditors who violate
certain federal requirements as provided in
federal law;
3. eliminates the requirement for Connecticut
credit unions to file semi-annual reports with
the commissioner, instead requiring them to
report to the National Credit Union
Administration (NCUA);
4. allows a Connecticut bank or savings and loan
association that applies for a name change to
meet certain notice requirements by using any

method of transmission that provides a


signature as proof of delivery;
5. establishes a deadline by which a Connecticut
bank must file its annual audit with the
commissioner;
6. replaces statutory provisions on home banking
services with provisions on virtual banking
and explicitly allows banks and credit unions to
provide virtual banking services;
7. applies bank or holding company acquisition
approval requirements that pertain to antimoney laundering laws and regulations only to
the extent that an acquiring entity is subject to
such laws and regulations;
8. changes the look-back period a mortgage
lender, mortgage correspondent lender,
mortgage broker, and exempt registrant must
use to calculate and confirm bonding
requirements;
9. allows mortgage lenders to make certain
required mortgage insurance disclosures as part
of the estimate of closing costs that the federal
TILA requires;
10. makes technical changes in the consumer
collection agency statutes to incorporate, by
reference, the sections previously enacted by
PA 13-253 that (a) added new fund
management and recordkeeping requirements
and (b) require compliance with the federal
Fair Debt Collection Practices Act; and
11. specifies that the states policy under
Connecticut
TILA
includes
enhancing
economic
stabilization
and
protecting
consumers against inaccurate and unfair credit
billing practices.
The act also makes technical and conforming
changes.
EFFECTIVE DATE: Various; see below.
1-23 CONNECTICUT TILA
Under federal law, Connecticut is exempt from the
credit transactions and credit billing provisions of the
federal TILA because the Connecticut TILA
requirements are substantially similar to the federal
requirements, and Connecticut law has adequate
provisions for enforcement (15 USC 1633 & 1666j).
The act makes several revisions to the Connecticut
TILA to incorporate required substantive provisions of
the federal TILA and related regulations. Among other
things, it:
1. requires compliance with other federal laws,
such as the Real Estate Settlement Procedures
Act (RESPA), Consumer Credit Protection
Act, and Dodd-Frank Acts integrated
disclosure requirements;

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BANKING COMMITTEE

2.

requires creditors to use disclosure terms and


forms required under the Connecticut TILA
and relieves them from liability under any
inconsistent state statute;
3. requires compliance with other Connecticut
laws regarding high-cost mortgages, but
specifies that the provisions of the federal
TILA prevail if there are any inconsistencies;
4. specifies that the Connecticut TILA and related
regulations do not affect the validity or
enforceability of any contract or obligation
under state or federal law, except for (a) certain
credit card sales transactions, (b) the right to
rescind certain transactions, and (c) certain
noncompliant creditors liability for civil
damages;
5. specifies that the federal TILA supersedes state
laws related to the disclosure of information on
credit and charge cards, except for state laws
established to enforce such disclosure
requirements;
6. subjects mortgage originators to federal
requirements and penalties;
7. gives the commissioner additional discretion in
enforcing laws against a creditor who is at risk
of becoming undercapitalized and made an
inaccurate disclosure about annual percentage
rates or finance charges; and
8. grants a creditor immunity from liability for
disclosure errors and penalties for false and
inaccurate statements made in reliance on the
validity of (a) the commissioners advisory
opinions, final decisions, or orders; (b) a
federal Consumer Financial Protection Bureau
interpretation; or (c) the federal Consumer
Credit Protection Act or any interpretation of,
or approval by, the Federal Reserve Systems
officials and employees.
The act also expands the commissioners
enforcement authority under the Connecticut TILA by
giving him the authority to impose penalties on creditors
who violate certain federal requirements. Under federal
law, a creditor who extends credit or provides any
service for a credit transaction secured by a consumers
principal dwelling may not engage in any act or practice
that violates the independence of the propertys
appraisal (15 USC 1639e). Under the act, in addition
to any other applicable penalty, the commissioner may
impose a civil penalty on a creditor who violates this
provision. The federal penalty for the first violation is a
fine up to $10,000 for each day the violation continues.
The maximum fine increases to $20,000 for each
subsequent violation (15 USC 1639e(k)).
Under federal law, a creditor may not extend credit
in the form of a higher-risk mortgage to any consumer
without first obtaining a written appraisal of the

51

property (see BACKGROUND). Such appraisal must


meet specific requirements. Under the act, willful
violators are liable to the applicant or borrower for a
$2,000 penalty in addition to any other applicable
federal penalties (15 USC 1639h).
EFFECTIVE DATE: August 1, 2015
24-28, 43, & 44 FINANCIAL INSTITUTIONS
24 Financial Statistical Reports (Connecticut Credit
Unions)
The act eliminates the requirement for Connecticut
credit unions to file semi-annual reports with the
commissioner, listing their assets, liabilities, and other
information the commissioner requires. Instead, it
requires that they, upon written notice, file financial and
statistical reports with NCUA as required by federal
regulation (12 CFR 741.6). By law, a credit union
must still pay a $100 fine to the state for each day that it
fails to file such a report or information.
25 Name Change (Connecticut Banks and Savings
and Loan Associations)
By law, a Connecticut bank or savings and loan
association may apply to the commissioner for
permission to change its name. The commissioner must
publish the application in the departments weekly
bulletin with a notice of the deadline for written
objections.
Under existing law, at least 10 days before the
deadline for objections, the applicant must mail a copy
of the application and the deadline notice by registered
or certified mail, return receipt requested, to each bank
or out-of-state bank that has its main office or a branch
in the towns where the applicant has its main office or a
branch. The act allows the applicant to use any method
of transmission that provides a signature as proof of
delivery.
26 Annual Audit Filing (Connecticut Banks)
By law, each Connecticut bank must have an
annual audit or examination conducted by a certified
public accountant or other public accountant selected by
its governing board or an authorized committee.
Existing law requires the bank to file a copy with
the commissioner. The act establishes a deadline by
which the bank must do so. Under the act, unless the
commissioner extends the deadline for good cause, the
bank must file the audit by the earlier of (1) the date the
bank is required to file with the federal banking
regulator or (2) 120 days after the close of the banks
fiscal year.

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BANKING COMMITTEE

27, 43 & 44 Virtual Banking


The act eliminates statutory provisions related to
home banking services and replaces them with
provisions related to virtual banking.
Prior law defined home banking services as the
electronic transfer of funds or information, or the
performance of other permissible banking services or
transactions for a customer, by means of a home
banking terminal (e.g., a computer terminal or
television).
The act defines virtual banking as the provision
of banking services by any bank, out-of-state bank, or
Connecticut or federal credit union made available to
customers through telecommunication or Internet
access. Under the act, the means by which a customer
engages in virtual banking include television, telephone,
mobile device, fax, or computer. For purposes of the
banking law, these means are not equivalent to an
automatic teller machine, satellite device, branch, or
office.
Under the act, any bank or credit union (1) may
provide virtual banking services and (2) must comply
with the federal Electronic Funds Transfer Act and its
implementing regulations to the extent the virtual
banking transaction is subject to such act or regulations.
28 Acquisition Approval
Under existing law, the commissioner may not
approve the acquisition of a bank or holding company if
the acquiring person (1) has inadequate anti-money
laundering policies or (2) does not have a record of
compliance with anti-money laundering laws. Under
the act, this applies only to the extent that the acquiring
person is subject to anti-money laundering laws and
regulations.
EFFECTIVE DATE: October 1, 2015, except the
sections on virtual banking and acquisition approval are
effective on passage.
29 & 30 MORTGAGE LICENSING SYSTEM,
EXEMPT REGISTRANTS, AND MORTGAGE
BONDS
30 Exempt Registrants Registration Approval
By law, banks, credit unions, their wholly owned
subsidiaries, and some of their operating subsidiaries are
exempt from mortgage lender, mortgage correspondent
lender, and mortgage broker licensure requirements.
Under existing law, any person exempt from such
licensure may register on the Nationwide Mortgage
Licensing System (NMLS) as an exempt registrant to
sponsor a mortgage loan originator, processor, or
underwriter.
Under the act, a person claiming
exemption may register on NMLS, but the act specifies

that the commissioners approval of such registration is


an approval to use NMLS for sponsoring and bonding
and not an approval of exempt status.
By law, the commissioner is authorized to use
NMLS for all financial services industry licensing and
registration.
29 Bonding Requirements
By law, mortgage lenders, mortgage correspondent
lenders, mortgage brokers, and exempt registrants must
file with the commissioner a single surety bond written
by a surety authorized to do business in the state. The
penal sum amount of the bond is specified for each of
these types of entities.
Existing law requires the principal on a bond to (1)
confirm annually that it maintains the required penal
sum and (2) file the information with the commissioner
each year by September 1, or a date the commissioner
sets.
The act requires that the confirmation be
completed (1) in connection with any renewal request
and (2) after reviewing the entitys financial information
for the preceding four quarters ending June 30. It
eliminates the requirement that the principal file the
information by September 1, but maintains the
requirement that they do so as the commissioner
requires.
Under prior law, the penal sum of the required bond
for each mortgage lender, mortgage correspondent
lender, mortgage broker, or exempt registrant was
determined by the aggregate dollar amount of the
residential mortgage loans originated at an entitys
licensed locations during the 12-month period ending on
July 31 of the current year. The act instead requires that
the look-back period be the preceding four quarters
ending June 30.
EFFECTIVE DATE: Upon passage
41 MORTGAGE INSURANCE DISCLOSURE
By law, a mortgage lender that requires a borrower
to pay for mortgage insurance as a condition of
obtaining a first mortgage loan must disclose in writing,
among other things, a good faith estimate of any initial
and monthly mortgage insurance cost. If the transaction
is subject to the federal RESPA, prior law allowed a
mortgage lender to make the disclosure as part of the
good faith estimate of closing costs required under that
act. Under the same circumstances, the act allows a
mortgage lender to make the disclosure as part of the
good faith estimate of closing costs required under
federal TILA.
EFFECTIVE DATE: August 1, 2015

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31-37 CONSUMER COLLECTION AGENCIES


The act makes technical changes in the consumer
collection agency statutes and related provisions to
incorporate, by reference, the sections of the statutes
(CGS 36a-811 & -812) enacted by PA 13-253 that
(1) added new fund management and recordkeeping
requirements and (2) require agencies to comply with
the federal Fair Debt Collection Practices Act.
EFFECTIVE DATE: Upon passage
BACKGROUND
Higher-Risk Mortgage
A higher-risk mortgage is a residential mortgage
loan (other than a reverse mortgage loan that is a
qualified mortgage) secured by a principal dwelling
that, among other things, has an annual percentage rate
exceeding the average prime offer rate, by certain set
percentage points, for a comparable transaction (15
USC 1639h(f)).

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COMMITTEE ON CHILDREN
PA 15-27sSB 841
Committee on Children
Government Administration and Elections Committee
Education Committee
AN ACT CONCERNING THE
IMPLEMENTATION OF A COMPREHENSIVE
CHILDREN'S MENTAL, EMOTIONAL AND
BEHAVIORAL HEALTH PLAN
SUMMARY:
This act establishes a 34-member
Childrens Mental, Emotional and Behavioral Health
Plan Implementation Advisory Board.
The board must advise specified individuals and
entities on:
1. executing the comprehensive behavioral health
plan that the Department of Children and
Families (DCF) developed, as required by law,
in 2014 (see BACKGROUND);
2. cataloging (by agency, service type, and
funding allocation) the mental, emotional, and
behavioral services for Connecticut families
with children to reflect the services capacities
and uses;
3. adopting
standard
definitions
and
measurements for the services delivered, when
applicable; and
4. fostering collaboration among agencies,
providers, advocates, and others interested in
Connecticut child and family well-being to
prevent or reduce the long-term negative
impact of childrens mental, emotional, and
behavioral health issues.
By September 15, 2016, the board must begin annual
reporting to the Childrens Committee.
EFFECTIVE DATE: July 1, 2015
ADVISORY BOARD MEMBERSHIP
DCF Commissioner Appointees
The DCF commissioner or her designee must serve
on the board. The commissioner must also appoint the
following 18 board members:
1. eight representatives of families with children
diagnosed with mental, emotional, or
behavioral health issues;
2. two representatives of a private foundation that
provides mental, emotional, or behavioral
health services to children and families in
Connecticut;
3. four childrens mental, emotional, or
behavioral health care service providers who
practice in Connecticut;

4.

5.

55

three representatives of private advocacy


groups that provide child and family services in
Connecticut; and
a United Way of Connecticut 2-1-1 Infoline
program representative.

Legislative Appointees
The board also must include a:
1. medical doctor representing the Connecticut
Childrens
Medical
Center
emergency
department, appointed by the House majority
leader;
2. Connecticut school superintendent, appointed
by the Senate majority leader;
3. Connecticut Behavioral Healthcare Partnership
representative, appointed by the House
minority leader; and
4. Connecticut Association of School-Based
Health Centers representative, appointed by the
Senate minority leader.
Other Agency Representatives
The board must include the following members or
their designees:
1. the developmental services, early childhood,
education, insurance, mental health and
addiction services, public health, and social
services commissioners;
2. the executive directors of the Judicial Branchs
Court Support Services Division and the
Commission on Children; and
3. the child and healthcare advocates.
ADVISORY BOARD LEADERSHIP, MEETINGS,
AND DUTIES
All members must be appointed by July 31, 2015
and serve initial three-year terms. Subsequent
appointees serve two-year terms. Members may be
reappointed. The appointing authority must fill any
vacancy within 30 days.
The DCF commissioner must select two board
members to serve as chairpersons. The chairpersons
must schedule the first meeting, which must be held by
August 30, 2015. The board must meet at least
quarterly.
Each member is entitled to one vote. A majority of
members constitutes a quorum to transact business,
exercise power, or perform any legally authorized or
imposed duty.
The board must advise the following individuals
and entities:

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COMMITTEE ON CHILDREN

1.

2.
3.
4.
5.
6.
7.

DCF and the developmental services,


education, insurance, mental health and
addiction services, public health, and social
services departments;
the early childhood, child advocate, and health
care advocate offices;
the Judicial Branchs Court Support Services
Division;
the Commission on Children;
child and family mental, emotional, and
behavioral health service providers;
advocates; and
others interested in the well-being of
Connecticut families and children.

ANNUAL REPORT
The boards annual report to the Childrens
Committee must include:
1. the status of the comprehensive behavioral
health plan;
2. the collaboration level between agencies and
stakeholders involved in the plans execution;
3. any recommendations for improving the plans
execution or agency and stakeholder
collaboration; and
4. any additional information the board deems
necessary and relevant to prevent or reduce the
long-term negative impact of childrens
mental, emotional, and behavioral health
issues.

3.

4.

building and adequately providing an array of


behavioral health care services to meet the
needs of families and children that is accessible
to everyone and equally distributed throughout
the state; and
including youths with behavioral health needs
and their family members in the behavioral
health systems governance and oversight.

PA 15-45sSB 925
Committee on Children
Education Committee
Government Administration and Elections Committee
AN ACT ESTABLISHING A HOME VISITATION
PROGRAM CONSORTIUM
SUMMARY: This act establishes a Home Visitation
Program Consortium of up to 25 members to advise the
Office of Early Childhood (OEC) and the children and
families (DCF), developmental services (DDS), and
education (SDE) departments on implementing OECs
recommendations to coordinate home visitation
programs within the early childhood system. (As
required by law, OEC submitted the recommendations
on December 1, 2014 to the Appropriations, Childrens,
Education, and Human Services committees.) By
September 15, 2016, the consortium must begin annual
reporting to the Childrens Committee.
The act also makes technical changes.
EFFECTIVE DATE: Upon passage

BACKGROUND
CONSORTIUM
Comprehensive Behavioral Health Plan
Membership
PA 13-178 requires DCF, in consultation with
various entities, to develop a comprehensive
implementation plan across agency and policy areas for
(1) meeting the mental, emotional, and behavioral
health needs of children in the state and (2) preventing
or reducing the long-term negative impact of childrens
mental, emotional, and behavioral health issues.
The plan, submitted to the Childrens Committee in
October 2014, includes the following goals, among
others:
1. redesigning the publicly financed system of
childrens behavioral health care to direct
allocation of new and existing resources;
2. implementing evidence-based promotion and
universal prevention models across all age
groups and settings to meet the statewide need
for such models;

The act requires the OEC commissioner to appoint


the following members to serve initial three-year terms:
1. four representatives of families who receive, or
have received within the last five years,
services from one or more home visitation
programs in Connecticut;
2. two representatives of private advocacy
organizations that provide child and family
services in the state; and
3. a Birth-to-Three program representative.
The OEC commissioner must also appoint the
following members to serve initial two-year terms:
1. up to eight representatives of Connecticut
home visitation programs, with at least four
programs using different home visitation
models, and
2. a United Way of Connecticut 2-1-1 Infoline
program representative.

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Additionally, the consortium must include the


following, or their designees, as ex-officio members:
1. the director of the Connecticut Head Start State
Collaboration Office;
2. the DCF, DDS, mental health and addiction
services, OEC, public health, and SDE
commissioners;
3. the child advocate; and
4. the Commission on Children executive
director.
The OEC commissioner must fill initial
appointments by July 5, 2015 and any subsequent
vacancy within 30 days. After the first terms expire,
subsequent commissioner appointees serve two-year
terms. Consortium members may be reappointed.
Leadership and Meetings
The OEC commissioner must select two
chairpersons from among the consortium members.
They must schedule the first meeting, which must be
held by August 4, 2015. The consortium must meet at
least quarterly. OEC staff serves as the consortiums
administrative staff.
Each member is entitled to one vote. A majority of
members constitutes a quorum to (1) transact business,
(2) exercise any power, or (3) perform any legally
authorized or imposed duty.
REPORT
The consortiums annual report to the Childrens
Committee must include:
1. the
implementation
status
of
OECs
recommendations for coordinating home
visitation programs within the early childhood
system,
2. the level of collaboration among home visitation
programs in Connecticut,
3. any recommendations to improve collaboration
between home visitation providers and other
stakeholders, and
4. any additional information the consortium
deems necessary and relevant to improve home
visitation services.

PA 15-51HB 6724
Committee on Children
AN ACT CONCERNING TECHNICAL AND
MINOR REVISIONS TO THE DEPARTMENT OF
CHILDREN AND FAMILIES STATUTES
SUMMARY: This act renames the Department of
Children and Families (DCF) adoption resource

57

exchange, whose primary purpose is to link children


awaiting placement with permanent families, as the
permanency resource exchange. By law, the exchange
(1) provides information and referral services and (2)
recruits potential adoptive families. The act expands its
duties to include recruiting families interested in
becoming guardians of children awaiting placement
with permanent families. DCF must register any child
available for adoption with the exchange.
Prior law required DCF to refer appropriate
children to national adoption exchanges when an
adoptive family was not identified within 180 days of
the termination of parental rights. The act requires DCF
to refer these children to national adoption or
permanency resource exchanges.
Finally, the act makes technical changes by
eliminating or replacing obsolete terms to reflect current
DCF practice.
EFFECTIVE DATE: October 1, 2015, except a
technical change is effective on passage.

PA 15-58SB 863
Committee on Children
AN ACT CONCERNING JUVENILE JUSTICE
RISK AND NEEDS ASSESSMENTS
SUMMARY: This act requires the Department of
Children and Families (DCF) commissioner to use a risk
and needs assessment to ensure that delinquent children
in the highest risk level are placed in appropriate secure
treatment settings. Prior law required the commissioner
to use the assessments to ensure that delinquent boys in
the highest risk level were placed in the Connecticut
Juvenile Training School, which is a male-only facility.
EFFECTIVE DATE: October 1, 2015

PA 15-81sHB 6805
Committee on Children
Public Health Committee
AN ACT CONCERNING THE BIRTH-TO-THREE
PROGRAM AND HEARING TESTS
SUMMARY: This act establishes an October 1, 2015
deadline (the acts effective date) by which the
Department of Developmental Services (DDS)
commissioner must require, as part of the Birth-to-Three
program, that notice of the availability of hearing tests
be given to parents and guardians of children receiving
program services who are exhibiting delayed speech,
language, or hearing development.
The notice may include information on the benefits
of, and available financial assistance for, hearing tests

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COMMITTEE ON CHILDREN

for children, as well as available hearing test and


treatment resources.
The act allows the DDS commissioner to adopt
implementing regulations.
PA 15-5, June Special Session, 262 & 521,
repeals this act. It establishes the same deadline and
similar notice and regulatory provisions as the act, but it
substitutes the Office of Early Childhood commissioner
for the DDS commissioner and has an effective date of
July 1, 2015.
The Birth-to-Three program is a private, providerbased system that provides services to families with
infants and toddlers who have developmental delays or
disabilities.
EFFECTIVE DATE: October 1, 2015

records and any other records relating to him or her. The


act does not set specific deadlines for DCF to notify the
education officials and for the education officials to
remove the records, but these actions must apparently
take place immediately on completing the investigation
and on receiving the notice from DCF, respectively.
Prohibitions on Use of Unsubstantiated Report
Under the act, an unsubstantiated report of abuse or
neglect cannot be used against the employee for any
employment-related purpose. These include matters of
discipline, salary, promotion, transfer, demotion,
retaining or continuing employment, termination, or any
employment-related right or privilege.
BACKGROUND

PA 15-112sSB 926 (VETOED)


Committee on Children
Education Committee

School Employee

AN ACT CONCERNING UNSUBSTANTIATED


ALLEGATIONS OF ABUSE OR NEGLECT BY
SCHOOL EMPLOYEES
SUMMARY: This act requires the (1) Department of
Children and Families (DCF) to notify certain education
officials when it cannot substantiate a report that a
school employee abused or neglected a child and (2)
education officials to remove references to the report
and DCF investigation from the employees personnel
records and any other records relating to him or her. It
prohibits using such an unsubstantiated report against
the employee for any employment-related purpose.
EFFECTIVE DATE: July 1, 2015
UNSUBSTANTIATED REPORTS OF ABUSE AND
NEGLECT

By law, a school employee is:


1. a teacher, substitute teacher, school
administrator, school superintendent, guidance
counselor, psychologist, social worker, nurse,
physician, school paraprofessional, or coach (a)
employed by a local or regional board of
education or a private elementary, middle, or
high school or (b) working in a public or
private elementary, middle, or high school or
2. any other person who, in the performance of
his or her duties, has regular contact with
students and who provides services to or on
behalf of students enrolled in (a) a public
elementary, middle, or high school, under a
contract with the local or regional board of
education, or (b) a private elementary, middle,
or high school, under a contract with the
supervisory agent of the private school (CGS
53a-65).

Notification and Removal from Records


The law requires DCF to take certain actions when it
receives a report that a school employee abused or
neglected a child, including investigating the report and
notifying the education commissioner and employing
superintendent of its findings within five working days
after the investigation ends. The act requires DCF to
also notify the school employee within this time period.
The act also requires DCF to notify the employee,
education commissioner, employing superintendent, and
employing school or school district if it cannot
substantiate such a report.
On receiving this
information, the State Department of Education,
employing superintendent, and employing school or
school district must remove any reference to the report
and investigation from the employees personnel

PA 15-141sSB 927
Committee on Children
Education Committee
Appropriations Committee
AN ACT CONCERNING SECLUSION AND
RESTRAINT IN SCHOOLS
SUMMARY: This act explicitly extends, to most
public school students in kindergarten through grade 12,
laws regulating the use of restraint and seclusion that
already applied to (1) students receiving special
education services and (2) people cared for or
supervised in institutions or facilities by the departments
of children and families (DCF), developmental services,

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59

public health, and mental health and addiction services


(DMHAS). It expands the protections that apply to
students.
The act prohibits teachers, administrators, and
other public school employees from using lifethreatening physical restraints on any student, limits
how long students can be kept in allowable physical
restraints or seclusion, and specifies the types of
locations in which a student may be secluded.
It bars school employees from using physical
restraints on students or placing students in seclusion
unless the employees have been properly trained and
requires that this training be phased in over three years
for school professionals, paraprofessionals, and
administrators beginning with the 2015-16 school year.
It requires school boards to develop policies and
procedures to (1) provide this training and (2) establish
monitoring and internal reporting on the use of physical
restraints and seclusion.
It requires school boards to (1) notify parents and
guardians no later than 24 hours after a child has been
placed in physical restraint or in seclusion and (2) make
a reasonable effort to notify them immediately after the
start of the physical restraint or seclusion.
It requires school boards to take certain steps for
students placed in physical restraint or seclusion four or
more times in 20 school days.
Among other things, the act also:
1. requires school boards to identify, by July 1,
2015, crisis intervention teams to respond to
incidents of physical restraint or seclusion;
2. requires the State Department of Education
(SDE) to create a pilot program to study and
analyze, and State Board of Education (SBE)
to adopt or revise regulations on, the use of
physical restraints and seclusion;
3. adds reporting requirements; and
4. makes conforming changes.
The act does not limit the justified use of physical
force by local, state, or federal law enforcement officials
performing their duties.
EFFECTIVE DATE: July 1, 2015

students enrolled in a public elementary, middle, or high


school under a contract with the local or regional school
board.
The act requires specialized training for school
professionals, paraprofessionals, and administrators. It
does not define "school professional," but under the
education statutes a school professional is a school
teacher, administrator, or other SBE-certified person
(CGS 10-66dd).

APPLICABILITY

LIMITED USE OF PHYSICAL RESTRAINT

School Employees

The act extends, to any student as defined by the


act, limits that already apply to the use of physical
restraints on students receiving special education
services.
Under the act, as under existing law, a school
employee may use physical restraint only in
emergencies to prevent immediate or imminent injury to
a student or others (see BACKGROUND). An
employee may not use physical restraint (1) to discipline
a student, (2) because it is convenient, or (3) instead of a
less restrictive alternative.

Under the act, a "school employee" is a teacher,


substitute teacher, school administrator, school
superintendent, guidance counselor, psychologist, social
worker, nurse, physician, school paraprofessional, or
coach employed by a local or regional school board or
working in a public elementary, middle, or high school.
A school employee also is anyone else who (1) comes
into regular contact with students while performing his
or her duties and (2) provides services to or on behalf of

Student
The act applies to children:
1. in public schools enrolled in kindergarten
through 12th grade under the jurisdiction of a
local or regional school board,
2. receiving special education and related services
in an institution or facility operating under
contract with a school board,
3. enrolled in a program or school administered
by a regional education service center (RESC,
see BACKGROUND), or
4. receiving special education and related services
from an approved private special education
program.
The act does not apply to children receiving
education services from Unified School District #2 or
DMHAS (see BACKGROUND).
PROHIBITING LIFE-THREATENING PHYSICAL
RESTRAINTS
The act bars school employees from using a lifethreatening physical restraint on a student. Under the
act, this is a restraint or hold that (1) restricts air flow to
a students lungs, whether by compressing the students
chest or otherwise, or (2) immobilizes or reduces a
prone students ability to freely move his or her arms,
legs, or head.
The prohibition does not limit any self-defense
claim permitted to someone criminally charged with
using deadly physical force (see BACKGROUND).

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COMMITTEE ON CHILDREN

As under existing law, the act requires a school


employee to continually monitor a student placed in
physical restraint and regularly evaluate the student for
signs of physical distress. The employee conducting the
evaluation must enter the evaluation in the students
educational record. Monitoring can be done either
through direct observation or by video, provided the
video monitoring occurs closely enough for the monitor
to provide aid if needed.
Under the act, as under existing law, physical
restraint is any mechanical or personal restriction that
immobilizes or reduces the free movement of a person's
arms, legs, or head. It does not include:
1. a brief hold to calm or comfort a student;
2. restraint involving the minimum contact
needed to safely escort a student from one
place to another;
3. medical devices, including supports prescribed
by a health care provider to achieve proper
body position or balance;
4. helmets or other protective gear that protects a
student from being injured in a fall; or
5. helmets, mitts, and similar devices used to
prevent self-injury that are the least restrictive
means available to prevent the self-injury and
are (a) part of a documented treatment plan or
individualized education program (IEP, see
BACKGROUND) or (b) prescribed or
recommended by a medical professional.
LIMITED USE OF SECLUSION
The act extends, to any student as defined by the
act, limits on using seclusion that already apply to
students receiving special education services.
Seclusion is a students involuntary confinement in
a room, whether alone or supervised, in a way that
prevents the student from leaving. The law bars school
employees from placing a student in seclusion except to
prevent immediate or imminent injury to the student or
others. As in the use of physical restraint, an employee
may not use seclusion (1) to discipline a student, (2)
because it is convenient, or (3) instead of a less
restrictive alternative.
By law, an employee may not place a student in
seclusion unless a school employee frequently monitors
the student. The act additionally requires that the area in
which the student is secluded have a window or other
fixture allowing the student to clearly see beyond the
seclusion area. As with physical restraint, monitoring of
students in seclusion can be done either through direct
observation (presumably from another room) or by
video, provided the video monitoring occurs closely
enough for the monitor to provide aid if needed.

Also, as in the use of physical restraint, a school


employee must regularly evaluate the secluded student
for signs of physical distress, and the employee
conducting the evaluation must enter the evaluation in
the students educational record.
TIME LIMIT ON USE OF PHYSICAL RESTRAINT
AND SECLUSION
Under the act, a student may not be placed in
physical restraint or in seclusion for longer than 15
minutes, except this may be extended for additional
periods of up to 30 minutes each if any of the following
people determines that continued physical restraint or
seclusion is necessary to prevent immediate or
imminent injury to the student or others: (1) a school
administrator or his or her designee, (2) school health or
mental health personnel, or (3) a board-certified
behavioral analyst. The individual making such a
determination must have received training in the use of
physical restraint and seclusion as the act provides. The
administrator, health or mental health professional, or
behavioral analyst must make a new determination
every 30 minutes a child is physically restrained or
secluded.
FREQUENT USE OF RESTRAINT OR SECLUSION
The act creates procedures that schools must follow
in cases where a student is placed in physical restraint or
seclusion four or more times in 20 school days.
In cases where such a student requires special
education services or is being evaluated for these
services, the students planning and placement team
must meet to (1) conduct or revise the students
behavioral assessment and (2) create or revise any
applicable behavioral intervention plan, including the
students IEP.
For all other students, a school administrator, at
least one of the students teachers, the students parent
or guardian, and, if any, a mental health professional
must meet to (1) conduct or revise the students
behavioral assessment, (2) create or revise any
applicable behavioral intervention plan, and (3)
determine if the student may require special education
services.
PARENTAL NOTIFICATION
The act requires each school board to make a
reasonable effort to notify a students parent or guardian
immediately after the student is physically restrained or
placed in seclusion. The board must provide this
notification no later than 24 hours after the student was
placed in restraint or seclusion.

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ADMINISTERING MEDICATION

Proper Use of Physical Restraint or Seclusion

The act generally bars school employees from


administering any medication that affects the central
nervous system and influences thinking, emotion, or
behavior to any student without that childs consent.
However, as under existing law for students receiving
special education services, the employee may do this
without such consent (1) in an emergency to prevent
immediate or imminent injury to the child or someone
else or (2) as an integral part of the childs established
medical or behavioral support or educational plan. If
there is no such plan, the employee may administer the
medication without the students consent under the
initial orders of a licensed practitioner. The use of
medications, alone or in combination, may be used only
in therapeutically appropriate doses and not as a
substitute for other appropriate treatment.

Schools boards must create a plan to provide school


professionals, paraprofessionals, and administrators
with training and professional development on the
proper way to physically restrain or seclude a student.
This plan must include:
1. various types of physical restraint and
seclusion,
2. the differences between (a) life-threatening
physical restraint and other levels of physical
restraint and (b) permissible physical restraint
and pain compliance techniques, and
3. monitoring methods to prevent harm to a
physically restrained or secluded student.
This training plan must be implemented by July 1,
2017 and provide for the training of all school
professionals, paraprofessionals, and administrators by
July 1, 2019, and periodically thereafter, as the
education commissioner prescribes.

TRAINING ON USING PHYSICAL RESTRAINT


AND SECLUSION
The act (1) bars a school employee from placing a
student in physical restraint or seclusion unless he or
she has received training in its proper use and (2)
expands on the training existing law requires.
It
requires
that
school
professionals,
paraprofessionals, and administrators receive training in
(1) preventing incidents requiring physical restraint or
seclusion and (2) properly physically restraining or
secluding someone. The training must be phased in over
three years, beginning in the 2015-16 school year.
Overview
Starting on or after July 1, 2015, SDE must provide
as part of the training an annual overview of relevant
laws and regulations on the use of physical restraint and
seclusion. The overview must be in the manner or form
the education commissioner determines.
Prevention Training
Each school board must create a plan to provide
school
professionals,
paraprofessionals,
and
administrators with training and professional
development on preventing incidents requiring physical
restraint or seclusion. This plan must be implemented
by July 1, 2017 and provide for the training of these
individuals by July 1, 2019. The act authorizes SDE,
within available appropriations, to provide monitoring
and support to school boards on formulating and
implementing this plan.

Monitoring, Reporting, and Regulations


The act requires school boards to develop policies
and procedures to (1) provide this training and (2)
establish monitoring and internal reporting of the use of
physical restraints and seclusion. School boards must
post these policies and procedures on their websites and
in their procedures manuals.
The act also requires SBE to adopt or revise
regulations on the use of physical restraint and
seclusion. No later than 60 days after SBEs adoption or
revision of the regulations, each local or regional school
board must update its applicable restraint and seclusion
policies and procedures and make them available on its
website and in its procedures manual.
CRISIS INTERVENTION TEAMS
By July 1, 2015 and for each school year afterward,
each local or regional school board must require each
school in its district to identify a crisis intervention team
of school professionals, paraprofessionals, and
administrators trained in the use of physical restraint
and seclusion. These teams must respond to any
incident requiring physical restraint or seclusion under
the act. Each team member must be annually recertified
in the proper use of physical restraint and seclusion.
PHYSICAL INJURY
As under existing law for students receiving special
education services, if restraint or seclusion results in
physical injury to a student, the school board and each
institution or facility must report the incident to SBE,
which must include it in its annual report. The act
specifies that this requirement also applies to approved

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private special education programs. SBE must report


any instance of serious injury or death to the Office of
Protection and Advocacy for Persons with Disabilities
and, if appropriate, to the Office of the Child Advocate.
RECORDING AND REPORTING REQUIREMENTS
As under existing law for students receiving special
education services, the act requires each school board,
institution, and facility to record each instance where a
student is physically restrained or secluded and specify
(1) whether the use of seclusion was according to the
students IEP and (2) the nature of the emergency that
necessitated its use. They must include this information
in an annual compilation of the use of restraint and
seclusion on their students. As under existing law, these
entities need not report instances of in-school
suspensions.
The act specifies that (1) this requirement also
applies to approved private special education programs
and (2) the school boards, facilities, institutions, and
private special education programs record this
information beginning July 1, 2016. The act also
requires these entities to send the annual reports to SDE
for its pilot program (see below).
Under prior law, SBE had to review the
compilations and produce an annual summary report
identifying the frequency of physical restraint or
seclusion use for special education students and whether
it was used in accordance with an IEP or in an
emergency. The act requires SBE in preparing its annual
summary report to specify if any student placed in
physical restraint or seclusion is a special education
student and, if so, whether the restraint or seclusion was
used according to an IEP or in an emergency. The act
requires SBE to submit the report annually, starting by
January 15, 2017, to both the Education and Childrens
committees. The information must be included in the
annual report card the Committee on Children prepares
to evaluate state policies and programs affecting
children (CGS 2-53m).
Pilot Program
The act requires SDE, for the school year beginning
July 1, 2015, to establish a pilot program in various
districts, including an alliance district, a regional school
district, and a RESC (see BACKGROUND). Under the
pilot program, SDE must examine physical restraint and
seclusion incidents in schools and compile and analyze
data on them to help SDE better understand and respond
to them.

Students Educational Record


As under existing law, the act requires that any use
of physical restraint or seclusion be documented in the
students educational record. The documentation must
include the nature of the emergency and what other
steps, including attempts at verbal de-escalation, were
taken to prevent the emergency from arising if there
were signs that such an emergency might occur. It also
must include a detailed description of the nature of the
restraint or seclusion, its length, and its effect on the
students established educational plan.
BACKGROUND
Unified School District #2 (USD #2)
USD #2 serves children in DCF-run residential and
day treatment facilities who cannot attend public school
(CGS 17a-37). According to DCF, USD #2 serves the
North and South campuses of the Albert J. Solnit
Psychiatric Center (formerly Connecticut Children's
Place and Riverview Hospital, respectively) and the
Connecticut Juvenile Training School.
DMHAS Education Services
By law, DMHAS provides regular education and
special education and related services to eligible
residents of DMHAS facilities between ages 18 and 21
(CGS 10-76d(e)(4)).
Justifiable Use of Physical Force
By law, the use of physical force on another person
that would otherwise constitute a criminal offense is
justifiable in certain circumstances. For example, a
teacher may use reasonable physical force on a minor to
the extent he or she reasonably believes it is necessary
to (1) protect himself or herself or others from
immediate physical injury; (2) obtain possession of a
dangerous instrument or controlled substance on or in
the control of the minor; (3) protect property from
physical damage; or (4) restrain the minor or remove
him or her to another area to maintain order (CGS
53a-18(6)).
Under CGS 53a-19, an individual is generally
justified in using reasonable physical force on someone
to defend himself or herself or a third person from what
the individual reasonably believes to be the use or
imminent use of physical force. With some exceptions,
a person may use deadly physical force if he or she
reasonably believes another person is (1) using or about
to use deadly physical force or (2) inflicting or about to
inflict great bodily harm.

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Individualized Education Program (IEP)


Under federal law, an IEP is a written document
describing the educational program for a child with a
disability that is developed, reviewed, and revised as
federal law requires (34 CFR 300.320).
Regional Education Service Centers (RESCs)
RESCs supply educational services and programs
to boards of education on a regional level so that the
boards do not have to provide them individually (CGS
10-66a et seq.).

PA 15-159HB 6723
Committee on Children
AN ACT CONCERNING GROUNDS FOR
TERMINATION OF PARENTAL RIGHTS
SUMMARY: By law, the Superior Court or probate
court may terminate parental rights when (1) it is in the
childs best interest and (2) the child, due to severe
physical abuse or a pattern of abuse, has been denied
care, guidance, or control necessary for his or her
physical, educational, moral, or emotional well-being.
This act specifically addresses three instances
involving abuse. It allows the court to terminate
parental rights, when it is in the childs best interest and:
1. (a) in Superior Court, if the child has been
found by either court in a prior proceeding to
have been abused or (b) in probate court, if a
child of the parent was found by either court in
a prior proceeding to have been abused;
2. the child is found to be abused and has been in
the custody of the children and families (DCF)
commissioner for at least 15 months and the
childs parent has not rehabilitated enough to
encourage the belief, based on the childs age
and needs, that the parent could assume a
responsible position in the childs life; or
3. a child of the parent is abused and under age
seven, and the parent has not rehabilitated, as
described above, and has had his or her
parental rights for another child terminated by
a DCF petition.
The law already gives the court the power to
terminate parental rights under these same three
circumstances based on findings of neglect. Prior to the
enactment of PA 11-240, a court finding of neglect
could include a finding of abuse and thus these three
provisions applied to conduct that amounted to neglect
or abuse. But PA 11-240 removed abusive conduct
from the definition of neglect, limiting these findings to
cases involving neglect. The act clarifies that the court

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has the same powers relating to termination of parental


rights based on findings of abuse as it did prior to the
enactment of PA 11-240.
Additionally, in termination of parental rights
proceedings under prior law, a party (1) had the right to
counsel, (2) upon request, could have counsel appointed
by the court if he or she was unable to pay for an
attorney, and (3) could not waive counsel until the court
first explained the nature and meaning of a termination
of parental rights petition. The act instead specifies that
respondent parents have these rights in such
proceedings. The law generally requires the court to
also appoint counsel for children involved in such
proceedings.
The act also makes technical changes.
EFFECTIVE DATE: Upon passage

PA 15-199sHB 6899
Committee on Children
Judiciary Committee
AN ACT EXPANDING GUARDIANSHIP
OPPORTUNITIES FOR CHILDREN AND
IMPLEMENTING PROVISIONS OF THE
FEDERAL PREVENTING SEX TRAFFICKING
AND STRENGTHENING FAMILIES ACT
SUMMARY: This act makes changes in several
Department of Children and Families (DCF)-related
statutes.
Principally, the act:
1. permits caregivers to allow children under a
DCF or court-ordered service or safety plan to
participate in normal childhood activities
(i.e., extracurricular, enrichment, and social
activities, including overnight activities outside
the caregivers direct supervision for up to 48
hours) without prior department or court
approval ( 1);
2. limits permanency plan goals involving certain
planned permanent living arrangements (such
as placement in an independent living
program) to children age 16 or older,
establishes certain requirements for these
arrangements, and eliminates certain other
permanency plan goals ( 2-4, 14, & 19);
3. requires DCF to consult with any child age 12
or older in its custody when developing or
revising the child's permanency plan ( 3);
4. defines fictive kin caregivers, allows child
placement with one of these individuals, makes
these caregivers eligible for guardianship
subsidies, and allows for the transfer of such
subsidies from one caregiver to a successor
caregiver ( 5 - 10);

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5.

requires foster care providers, relative and


fictive kin caregivers, and child care facilities
to make careful and sensible parental decisions
that maintain the health, safety, and best
interests of a child ( 5 & 6);
6. authorizes the probate court to order postadoption sibling visitation rights for adoptions
that take place in that venue and requires the
court to consider certain factors before making
such a decision ( 18);
7. creates a hearing process for individuals who
believe they are harmed by a DCF decision to
terminate voluntary services and modifies the
notice and regulation adoption requirements
DCF must follow for these terminations ( 19);
8. allows the DCF commissioner to transfer a
youth (i.e., 16 or 17 year old) or child receiving
voluntary services to the supervision of the
Department of Mental Health and Addiction
Services (DMHAS) or Department of
Developmental Services (DDS) ( 19);
9. specifies that the court does not need to
annually review case service plans (i.e., plans
for children receiving DCF services who are
not in out-of-home placements) and makes
other minor changes in the plan review process
( 19);
10. expands the (a) circumstances under which
DCF must disclose records to specified parties
without the subject's consent and (b) list of
individuals who must submit to criminal
history record and child abuse registry checks
( 5, 15, & 16);
11. adopts rules for the appointment of counsel
when certain cases involving children or
youths are transferred from the probate to
Superior Court ( 20);
12. expands the list of individuals the DCF
commissioner must notify when (a) she
removes a child from parental custody and
extends the amount of time DCF has to provide
such notice or (b) a child committed to DCF
custody is missing or abducted ( 11 & 13);
13. broadens the age range for the children on
whose behalf DCF must request an annual
credit report and review it for identity theft (
12); and
14. specifies data DCF must annually submit to the
Childrens Committee pertaining to sibling
visitation statutes ( 17).
The act also makes several minor, technical, and
conforming changes.
EFFECTIVE DATE: July 1, 2015, except provisions
pertaining to permanency plans for children receiving
voluntary services, court transfers, DCF data-gathering
requirements, and postadoption sibling visitation are

effective October 1, 2015.


1 NORMAL CHILDHOOD ACTIVITIES
The act permits caregivers to allow children in their
care under a DCF or court-ordered service or safety plan
to participate in normal childhood activities without
prior DCF or court approval. The activities must (1)
comply with the child's existing service or safety plan
and (2) be age or developmentally appropriate based on
a reasonable and prudent parent standard. If applicable,
the childs parent or guardian must be given an
opportunity to provide input in the development of the
childs service or safety plan.
The DCF commissioner must (1) establish
department policy to guide caregivers on the reasonable
and prudent parent standard and (2) notify each
caregiver of this policy. The policy must list factors for
the caregiver to consider before allowing a child to
participate in age or developmentally appropriate
activities, including the childs age, maturity, mental
and physical health, developmental level, behavioral
propensities, and aptitude.
A DCF representative, during home visits and
meetings with parents, must document the childs (1)
interest in and pursuit of normal age and
developmentally appropriate childhood activities and
(2) participation in such activities in the childs service
and safety plans. The representative must also
communicate to the caregiver the parents opinions on
the childs participation in normal childhood activities
so that the caregiver may consider them when providing
the childs care.
Definitions
For purposes of these provisions, the act defines:
1. a caregiver as a (a) DCF-licensed foster care
provider, (b) person approved by a licensed
child-placing agency to provide foster care, (c)
relative or fictive kin caregiver (see definition
below), or (d) licensed child-placing agency
operator or official;
2. reasonable and prudent parent standard as
careful and sensible parental decisions that
maintain a childs health, safety, and best
interests; and
3. age
appropriate
or
developmentally
appropriate as (a) activities or items generally
accepted as suitable for children of the same
age or maturity level or determined to be
developmentally appropriate for a child based
on the cognitive, emotional, physical, and
behavioral capacities typical for his or her age
or age group or (b) in the case of a specific
child, activities or items that are suitable based

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on his or her cognitive, emotional, physical,


and behavioral capabilities.
Liability
The act immunizes the department, caregiver, childplacing agency, child care facility, or any other statecontracted private entity from liability for any injury a
child sustains as the result of a caregiver allowing him
or her to participate in normal childhood activities under
these provisions, unless the injury was the result of the
caregivers or entitys gross, willful, or wanton
negligence. This provision of the act does not remove or
limit existing liability protection.
Private Contractor Policies
The act requires that private entities that contract
with DCF to place children in department custody have
policies consistent with the above provisions. The
policies are not consistent if they are incompatible with,
contradictory to, or more restrictive than, these
provisions.
2-4, 14, & 19 PERMANENCY PLANS
The law requires DCF to establish and periodically
revise permanency plans for children committed to its
care or custody. These include abused and neglected
children, delinquents, and children in its voluntary
services program (i.e., children whose mental health
needs could not otherwise be met). The act makes
several changes in the requirements for these plans.
Goals
Under prior law, a childs permanency plan could
include certain goals, depending on the grounds for
commitment. In general, these goals included parental
or guardian reunification; guardianship transfer; longterm foster care with a licensed relative (or if the child
is a delinquent, permanent placement with a relative); or
adoption and termination of parental rights. If the DCF
commissioner documented compelling reasons why
these goals were not in the childs best interest, the
court could instead order another planned permanent
living arrangement, such as an independent living
program or long-term foster care with an identified
foster parent.
The act eliminates (1) permanent placement with a
relative from the list of allowable permanency plan
goals for delinquents and (2) long-term foster care with
a licensed or certified relative as a permanency plan
goal for children committed to DCF voluntarily or for
abuse or neglect (although DCF must still make efforts
to place a child with a relative under other permanency
plan provisions, as described below). It also limits the

65

permanency plan goal of another planned permanent


living arrangement to children age 16 or older.
Under the act, if such a childs permanency plan
goal is another planned permanent living arrangement,
DCF must document for the court the:
1. manner and frequency of its efforts to return
the child to his or her home or a secure
placement with a fit and willing relative, legal
guardian, or adoptive parent and
2. steps it has taken to ensure the (a) childs foster
family home or child care institution is
following a reasonable and prudent parent
standard and (b) child has regular opportunities
to engage in age and developmentally
appropriate activities.
Child Involvement in Planning Process
The act requires DCF to consult with any child age
12 or older in its custody when developing or revising
the child's permanency plan. The act allows the child to
consult with up to two people who participate in his or
her case plan, but not his or her foster parent or
caseworker. One of the consultants may be designated
the child's permanency plan development and revision
advisor.
The child must, if possible, also identify up to three
adults with whom he or she has a significant
relationship who may serve as permanency resources.
These adults names must be recorded in the child's case
plan.
Additionally, if the child is age 12 or older, the DCF
commissioner must notify the parent or guardian, foster
parent, and child of any administrative case review of
the childs commitment at least five days before the
review and make a reasonable effort to schedule the
review at a time and location that allow all the parties to
attend.
The act specifies that the court must ask the child or
youth at the permanency plan hearing about his or her
desired outcome. If the child or youth is unavailable, the
childs attorney must consult with the child and report
to the court the childs desired outcome. Additionally, if
the child is age 16 or older and the goal in his or her
plan is another planned permanent living arrangement,
the act requires the court to:
1. determine that, as of the hearing date, such
arrangement is the best permanency plan for
the child and
2. document the compelling reasons why it is not
in the childs best interest to return home or be
placed with a fit and willing relative, legal
guardian, or adoptive parent.

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Case Plan Requirement

Reasonable and Prudent Parent Standard

By law, the commissioner must prepare and


maintain a written plan for each child under her
supervision, providing for the childs care, treatment,
and permanent placement. It must include a diagnosis of
the childs problems and a permanent placement goal.
The act eliminates from the permissible list of plan
goals (1) long-term foster care with an identified
individual and (2) another planned permanent living
arrangement. It adds to the allowable plan goals, for a
child age 16 or older, another planned permanent living
arrangement. The act specifies that this plan is the
childs case plan.

The act requires relative and fictive kin caregivers


and licensed or approved foster care providers to use a
reasonable and prudent parent standard (defined above)
on the childs behalf. Licensed child care facilities must
designate an on-site staff member to apply this standard.

Report Requirement
The act requires DCF, by January 1, 2016, to begin
annually reporting to the Childrens and Judiciary
committees on the number of case plans in which
children have identified adults with whom they have a
significant relationship and who may serve as a
permanency resource.
5 & 6 FICTIVE KIN CAREGIVERS AND
CHILD PLACEMENT
The act renames special study foster parents as
fictive kin caregivers and narrows the category of
individuals who qualify as such. Under prior law, a
special study foster parent was a person age 21 or older
not licensed by DCF to provide foster care. Under the
act, a fictive kin caregiver must additionally (1) be
unrelated to the child by birth, adoption, or marriage;
(2) have an emotionally significant relationship with the
child similar to a family relationship; and (3) not be
approved by DCF to provide foster care.
Previously, DCF could place a child in foster care
with a person if (1) he or she was licensed by DCF or
DDS to provide such care or (2) his or her home was
approved by a licensed child placing agency. The act
additionally allows DCF to place a child in foster care
with a person approved to provide foster care by a childplacing agency, which conforms to current practice.
Previously, DCF could also place a child, if it was in
his or her best interest, with (1) an unlicensed relative;
(2) a nonrelative who is related to the caregiver and a
relative of the childs sibling; or (3) a special study
foster parent. The act eliminates the last two placement
options but allows placement with a fictive kin
caregiver if it is in the childs best interest. The fictive
kin caregiver is subject to the same home visitation,
criminal background check, and licensure requirements
already in law for special study foster parent
placements.

7-10 GUARDIANSHIP SUBSIDY


Eligibility
The act shortens the name of the Adoption Subsidy
Review Board to the Subsidy Review Board and makes
several conforming changes. It also eliminates the
licensure requirement for the board member
representing a child-placing agency and his or her
alternate.
The act broadens eligibility for DCFs subsidized
guardianship program. The program provides subsidies
to licensed foster care relatives who have cared for a
child for at least six months because the childs parent
died or was otherwise unable to care for the child for
reasons that make parental reunification and adoption
not viable options in the foreseeable future.
The act makes fictive kin caregivers and foster care
providers approved by licensed child-placing agencies
eligible for the subsidized guardianship program under
the same circumstances.
Subsidy Transfers
The law allows the transfer of a guardianship
subsidy from one relative caregiver to another if the
subsidy recipient dies or becomes severely disabled or
ill. The act additionally allows such transfers to and
from fictive kin guardians and licensed foster care
providers as well as relative caregivers (i.e., successor
guardians). Under the act, to be eligible for the subsidy
transfer, the successor guardian must (1) be the childs
court-appointed legal guardian, (2) be identified in the
subsidy agreement or any related addendum, and (3)
meet DCFs foster care safety requirements.
By law, the subsidy may continue until the child
turns age (1) 18 or (2) 21 if he or she (a) attends a
secondary school, technical school, or college full-time;
(b) is in a state-accredited job training program; or (c)
meets other federal law requirements. Under the act, the
subsidy may be provided to a guardian, subject to
annual review, through the childs 21st birthday if the:
1. guardianship transfer was finalized after
September 30, 2013;
2. child was at least age 16 when the transfer was
finalized; and

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3.

child is (a) enrolled in a full-time approved


secondary education program or an approved
program leading to an equivalent credential, (b)
enrolled full-time in a postsecondary or
vocational institution, or (c) participating full
time in a commissioner-approved program or
activity designed to promote or remove barriers
to employment.
The act allows the commissioner, at her discretion,
to waive the enrollment or participation requirements
based on compelling circumstances. In order to receive
the transferred subsidy, the guardian must submit to the
commissioner a sworn statement that the child is still
meeting the education or participation requirement,
unless the requirement was waived. The guardian must
do so at the time of the commissioners annual review.
The act also requires the commissioner, at least 30
days before terminating or reducing a guardianship
subsidy, to provide written notice to the subsidy
recipient and a hearing before the Subsidy Review
Board. The subsidy must continue unmodified until the
board issues a decision on any appeal.
18 POSTADOPTION ARRANGEMENTS
Cooperative Postadoption Agreements
The act broadens the circumstances in which birth
parents and an intended adoptive parent may enter into a
postadoption agreement on communication or contact
between the birth parents and adopted child. Previously,
the parties could enter into such an agreement only if (1)
the child was in DCF custody, (2) an order terminating
parental rights had not been entered, and (3) at least one
birth parent agreed to voluntary parental rights
termination. The act eliminates the requirement that the
child be in DCF custody.
Postadoption Sibling Visitation
By law, both the Superior Court and probate court
have authority to preside over adoption petitions. For
those that take place in probate court, the act requires
the court to consider if post-adoption communication or
contact with a sibling is appropriate for each child who
is the subject of an adoption petition. The
communication or contact may include visitation,
written correspondence, or telephone calls. If the court
determines post-adoption communication or contact is
in the child's best interest, it must order that the child
have access to and visitation rights with his or her
sibling until the child turns age 18. When making that
determination, the court must consider the child's and
sibling's:

67

1.
2.

age and the extent of their existing relationship;


physical, emotional, and psychological needs,
including any special needs and their stability;
and
3. opinions
about
such
post-adoption
communication or contact.
The court must also consider (1) the adoptive
parent's opinion about post-adoption communication or
contact; (2) expert opinions, including from anyone who
provided services to the child or sibling; (3) long-term
plans for the child and sibling; and (4) any relevant
logistical concerns.
Any decision the court makes about sibling
visitation must be included in the final adoption order
but does not affect the adoption's validity or limit the
court's authority to enforce its orders.
The act allows an adoptive parent, at any time, to
petition the probate court to review its decision on postadoption sibling communication or contact. The court,
on receiving the petition, must review its determination
using the factors described above and may order that the
communication or contact be terminated or modified if
doing so is in the child's best interest. The court may
order the parties to engage in mediation if any dispute
arises during the review. The act prohibits the court
from increasing communication or contact between the
adopted child and his or her sibling unless the court (1)
receives the adoptive parents' consent and (2) inquires
about and considers the child's opinion about the
increase.
19 TERMINATION OF VOLUNTARY
SERVICES
Under prior law, the commissioner could not
terminate a childs or youths voluntary admission to the
department without first giving reasonable written
notice to the (1) childs parent or guardian, if the child
was under age 14, and (2) child, if age 14 or older, or
youth. The act expands the notice requirement to
include parents or guardians of children age 14 or older.
If the commissioner previously petitioned the probate
court for a determination of whether continued DCF
care is in the childs of youths best interest, the act
additionally requires the commissioner to notify the
probate court of the petition before terminating
voluntary services.
Termination Hearing
The act creates a hearing process for individuals
who believe they are harmed by a DCF decision to
terminate voluntary services. It allows parents or
guardians, or a child age 14 or older, to seek (1) an
administrative hearing according to regulations the
commissioner must adopt under the act (see below) or

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(2) a probate court hearing.


If the probate court finds DCF terminated voluntary
services according to DCF regulations, it must uphold
the termination. If the court finds DCF terminated the
services in violation of its regulations, it may order that
services continue, and specify a time to determine a new
case service plan (for people receiving services at home)
or permanency plan (for people receiving out-of-home
services).
Adoption of Regulations
The act expands the commissioners existing
regulatory authority by requiring her to adopt
regulations on (1) application for and termination of
voluntary admission; (2) the granting or denial of
voluntary services; and (3) all informal administrative
case reviews, regardless of whether the review is
requested.
19 INTER-DEPARTMENT TRANSFERS
The act allows the DCF commissioner to transfer a
child or youth receiving voluntary services to the
supervision of DMHAS or DDS, in collaboration with
the appropriate commissioner. The DCF commissioner
must provide written notice of her intention to make
such a transfer to the (1) child age 14 or older or youth
and his or her parent or guardian at least 10 days before
the transfer and (2) probate court if she has already
petitioned the court for a determination of whether
continued DCF care is in the childs best interest.
The DCF commissioner may continue to provide
services to the child or youth in collaboration with the
department to which the child is transferred or terminate
services if, in her discretion, the other department
provides adequate services. She must provide written
notice of her intention to terminate services in these
circumstances to the (1) child, if he or she is age 14 or
older, or youth; (2) childs or youths parent or
guardian; and (3) probate court if she has already
petitioned the court for a determination of whether
continued DCF care is in the childs best interest.
19 CASE SERVICE PLANS
By law, DCF must have a case service plan for any
child receiving voluntary services who is not in an outof-home placement. The act specifies that the
commissioner is not required to file periodic motions to
review the plan, but it allows the commissioner, parents
or guardians of a child or youth, child age 14 or older,
or youth, to compel the probate court to conduct a
hearing to review a case service plan.

Under the act, the court may also conduct such a


hearing on its own if it has imminent concerns for the
childs or youths health or safety. The court must notify
the commissioner; child age 14 or older, or youth; and
the child's or youth's parents or guardians, as
appropriate, of the time and place of the hearing at least
10 days before the hearing.
The court must approve a case service plan that is in
the child's or youth's best interests. The child's or
youth's health and safety must be the court's primary
concern in formulating the plan. At the hearing, the
court must consider:
1. the plan's appropriateness for the child or
youth, and his or her family;
2. the treatment and support services offered and
provided to the child or youth to strengthen the
family; and
3. any further efforts that have been or will be
made to promote the childs or youths best
interests.
At the end of the hearing, the court may direct
services to be (1) continued or (2) modified to reflect
the child's or youth's best interests.
15 RECORDS DISCLOSURE
The act expands the circumstances under which
DCF must disclose records about a person to specified
parties without the person's consent. Under the act, DCF
must disclose records without such consent to any
individual or entity to identify resources that will
promote a childs or youths court-approved
permanency plan.
The act also requires DCF to make such disclosures
to the public school superintendent or head of a public
or private child care institution or private school
pursuant to the childs permanency plan.
5 & 16 CRIMINAL RECORDS CHECKS
By law, DCF must, among other things, (1) require
all applicants for employment with DCF or foster care
licensure to submit to state and national criminal history
records checks and (2) check the child abuse registry for
the applicants name. The act broadens the entities that
must submit to the criminal history and registry checks
to include:
1. all vendors or contractors and their employees
who provide direct services to children in DCF
custody or have access to DCF records and
2. at the commissioners discretion, anyone age
16 or older who is not living in the household
but has regular unsupervised access to a child
(i.e., periodic interaction in the home to
provide child care or medical or other services)
in the home of a person seeking foster care

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69

licensure or approval. (The act also specifies


that applicants may be eligible to foster a child
if they are licensed by DCF or approved by a
DCF-licensed child care facility.)
The act also requires the following individuals to
submit to a state and national criminal history records
check before a foster care license or approval may be
renewed:
1. the person seeking a foster care license or
approval renewal and anyone age 16 or older
living in such persons household and
2. at the commissioners discretion, anyone age
16 or older who is not living in the household
of the person seeking licensure or renewal but
who has regular unsupervised access to a child
in the home.

including the parents death.


The commissioners notice must include a:
1. statement that the child has been removed from
parental custody;
2. summary of the relatives rights under federal
and state law to participate in the childs care
and placement, including any options that may
be deemed waived if the recipient fails to
respond;
3. description of requirements to become licensed
or approved as a foster family home and
additional supports and services available for a
child placed in the home; and
4. description of how the childs caregiver may
enter into an agreement with DCF to receive
foster care subsidies.

20 COURT TRANSFERS

13 REPORT OF MISSING OR ABDUCTED


CHILD

The act requires attorneys to continue representing


their clients when a case is transferred from the probate
court to the Superior Court for Juvenile Matters
(juvenile court) unless (1) the probate court grants a
motion to withdraw, which the attorney must file, within
five days of the transfer motions filing, (2) the juvenile
court grants a motion to withdraw, or (3) another
attorney files an in lieu of (in place of) appearance on
behalf of the client.
The juvenile court must assign an attorney from the
Public Defender Services' list of assigned counsel for a
(1) party who cannot afford counsel or (2) child subject
to the court proceedings. The act requires the Public
Defender Services Commission to pay the attorney.
As is required under current court rules, the act
requires the Public Defender Services Commission to
pay probate court-appointed attorneys who continue
their representation in juvenile court according to the
commission's policies and pay schedule. The act also
allows the juvenile court to request that the Division of
Public Defender Services contract with probate counsel
for these purposes.

The act requires DCF to report any child committed


to its custody who is abducted or missing to the law
enforcement authority with jurisdiction over the location
where the child was abducted or reported missing. DCF
must also report immediately, or within 24 hours after
the child is missing or abducted, to the FBIs National
Crime Information Center and the National Center for
Missing and Exploited Children.
12 CREDIT REPORTS
The act broadens the age range for children in DCF
custody and in foster care on whose behalf the
commissioner must annually request a free credit report,
from age 16 and older to age 14 and older. By law, DCF
must review the reports for signs of identity theft,
provide it to the childs attorney or guardian ad litem for
review, assist a child in resolving any inaccuracies in
the report, and report any evidence of identity theft to
the chief states attorney within a specified timeframe.
17 DATA COLLECTION

11 RELATIVE NOTIFICATION OF CHILD'S


REMOVAL FROM PARENTAL CUSTODY
Under prior law, DCF had to use its best efforts to
notify a child's grandparents within 15 days of the
childs removal from the parents' home. The act instead
requires DCF to make a reasonable effort to provide
notice within 30 days to the grandparents as well as to
(1) each parent with legal custody of one or more of the
childs siblings and (2) any other adult related to the
child by blood or marriage. Sibling includes a
stepbrother, stepsister, half-brother, half-sister, or
anyone else who would be considered the childs sibling
if not for parental rights termination or disruption,

The law requires DCF to annually report to the


Childrens Committee data sufficient to demonstrate
compliance with certain sibling visitation statutes. The
act specifies that the data in the report must include the
(1) total annual number of children in out-of-home
placements who have siblings, (2) total number of child
cases with documented sibling visitation, and (3)
number of siblings involved in each case.

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BACKGROUND
Preventing Sex Trafficking and Strengthening Families
Act
The federal Preventing Sex Trafficking and
Strengthening Families Act (P.L. 113-183) makes
several changes in the requirements child foster care and
adoption agencies must meet to receive certain federal
funds. Among other things, the act requires these
agencies to:
1. develop a reasonable and prudent parent
standard for a foster childs participation in
certain activities,
2. limit certain permanency plan goals to children
age 16 or older,
3. allow children age 14 and older to participate
in certain aspects of case planning, and
4. immediately report missing or abducted
children to the FBI.

PA 15-208HB 6725
Committee on Children
Public Health Committee
AN ACT CONCERNING ANIMAL-ASSISTED
THERAPY SERVICES
SUMMARY: This act makes several changes in the
law concerning animal-assisted therapy services,
including changes in the definitions in the law.
It requires the children and families (DCF)
commissioner, in consultation with the agriculture
commissioner and within available appropriations, to
develop a protocol to identify and mobilize animalassisted critical incident response teams statewide,
instead of to identify a canine crisis response team as
required under prior law. The act extends the deadline
for this requirement by two years, from January 1, 2014
to January 1, 2016.
It requires the teams to be available to provide
animal-assisted activities, not just animal-assisted
therapy. As under prior law, the teams must operate on a
volunteer basis and be available on 24 hours notice.
The act also eliminates a requirement that the DCF
commissioner, within available appropriations and in
collaboration with the Governors Prevention
Partnership and the animal-assisted therapy community,
develop a crisis response program using the services of
the canine crisis response team. The act instead requires
the commissioner, in consultation with the animalassisted activity community and within available
appropriations, to develop by July 1, 2016 a protocol to
identify and credential animal-assisted activity
organizations and animal-assisted therapy providers in

the state. This protocol must provide animal-assisted


activities and therapy, not just animal-assisted therapy
as under prior law, for children and youths living with
trauma and loss.
Additionally, the act extends, from January 1, 2014
to January 1, 2016, a requirement that the DCF
commissioner, within available appropriations, develop
and implement training for certain department
employees and healthcare providers on the (1) healing
value of the human-animal bond for children, (2) value
of therapy animals in dealing with traumatic situations,
and (3) benefits of animal-assisted activities and animalassisted therapy (rather than the benefits of an animalassisted therapy program, as required by prior law).
The act also makes minor and technical changes.
EFFECTIVE DATE: Upon passage
DEFINITIONS
New Definitions
The act defines:
1. animal-assisted activity as any activity that
involves a team consisting of a registered
handler and therapy animal interacting with
people in Connecticut;
2. animal-assisted critical incident response
team as a team of registered handlers and
therapy animals that (a) has been identified by
DCF and (b) can provide animal-assisted
activities to individuals during and after
traumatic events;
3. a registered handler as a person screened,
trained, and registered by a national animal
therapy organization to engage in animalassisted activities, provide animal-assisted
therapy, or both;
4. a therapist as a licensed (a) physician who
specializes in psychiatry, (b) psychologist or
professional counselor, (c) marital and family
therapist, or (d) clinical or master social
worker; and
5. a therapy animal as any animal trained to
comfort people who have (a) experienced
mental, physical, or emotional trauma; (b)
witnessed, or been a victim of, a violent act; or
(c) behavioral health care needs.
Definition Changes
The law previously defined animal-assisted
therapy community as local or regional entities capable
of providing animal-assisted therapy to people in
Connecticut. The act changes the term to animalassisted activity community and broadens the
definition to include local or regional entities capable of

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providing animal-assisted activities to these people.


The law also previously defined animal-assisted
activity organization as an entity involved in training,
evaluating, and registering members for the animalassisted therapy community. The act broadens the
definition to include an entity involved in any of these
functions for the animal-assisted activity community.
Additionally, the law previously defined animalassisted therapy as goal-directed intervention in which
animals are an integral part of the crisis response
process to aid individuals who have experienced mental,
physical, or emotional trauma. The act specifies that, in
addition to the therapy animal, this therapy involves a
therapist and may involve a registered handler. The act
also broadens the definition to include therapy for
individuals who (1) witnessed or were victimized by
violence or (2) have behavioral health care needs.

PA 15-221sSB 312
Committee on Children
Education Committee
AN ACT CONCERNING THE PROTECTION OF
PARTICULARLY VULNERABLE CHILDREN

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PA 15-232SB 843
Committee on Children
Education Committee
AN ACT CONCERNING TRAUMA-INFORMED
PRACTICE TRAINING FOR TEACHERS,
ADMINISTRATORS AND PUPIL PERSONNEL
SUMMARY: By law, local and regional boards of
education must provide in-service training on certain
topics (e.g., CPR, bullying prevention) for certified
teachers, administrators, and other pupil personnel. The
State Board of Education (SBE), within available
appropriations and using available materials, must assist
and encourage the school boards to provide in-service
training on additional topics (e.g., mental health first aid
training).
This act requires SBE to assist and encourage
school boards to also include training on traumainformed practices for the school setting, so that school
employees can more adequately respond to students
with mental, emotional, or behavioral health needs. The
act does not define trauma-informed practices.
EFFECTIVE DATE: October 1, 2015

SUMMARY: This act requires the Child Fatality


Review Panel to (1) review current practices, policies,
and procedures protecting children up to age three from
unexpected death or critical injury and (2) by October 1,
2016, submit a report to the Education and Childrens
committees on the effectiveness of the practices,
policies, and procedures in providing such protection.
The report must include recommendations on
administrative or legislative action needed to better
protect these children.
The act also requires the Office of the Child
Advocate, in consultation with the review panel, to
study the rates and causes of child fatalities in the state.
Starting by July 1, 2016, the child advocate must
report annually on the rates and causes of state child
fatalities to the Childrens and Education committees.
The committees must hold a joint public forum on the
child advocates findings within 60 days of receiving
the annual report.
EFFECTIVE DATE: Upon passage

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PA 15-55HB 6917
Commerce Committee

PA 15-151HB 5660
Commerce Committee

AN ACT CONCERNING MINOR AND


TECHNICAL CHANGES TO COMMERCERELATED STATUTES

AN ACT CONCERNING THE RETURN OR USE


OF UNUSED GRANT AWARDS FROM THE
DEPARTMENT OF ECONOMIC AND
COMMUNITY DEVELOPMENT

SUMMARY: This act corrects references in the


economic development statutes.
EFFECTIVE DATE: Upon passage

PA 15-65HB 6833
Commerce Committee
AN ACT CONCERNING THE QUALIFICATIONS
AND DUTIES OF THE EXECUTIVE DIRECTOR
OF THE OFFICE OF MILITARY AFFAIRS
SUMMARY: This act (1) requires that a person
achieve the rank of field grade or senior officer, instead
of the lower rank of officer, to be the Office of Military
Affairs executive director, and (2) modifies the
directors duties.
To reflect existing practice, the act expands the
directors duties to include (1) advocating for service
members and their families to other state agencies, (2)
initiating and sustaining collaborative partnerships with
local military commanders, and (3) consulting with the
Department of Economic and Community Development
on proposed financial assistance agreements with
defense and homeland security firms.
It eliminates requirements that the director: (1)
support the development of a defense and homeland
security industry cluster, (2) establish and coordinate a
Connecticut Military and Defense Advisory Council to
provide technical advice and assistance, and (3) oversee
the implementation of the recommendations of the
Governors
Commission
for
the
Economic
Diversification of Southeastern Connecticut.
The act also makes two minor changes to the
directors duties. Prior law required the director to act as
a liaison to consultant lobbyists hired by the state to
monitor federal Base Realignment and Closure (BRAC)
activities. The act instead requires the director to
coordinate the activities of consultants hired by the state
during BRAC. The act also specifies that the directors
duty to enhance military members quality of life
pertains to those stationed in or deploying from
Connecticut.
EFFECTIVE DATE: October 1, 2015

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SUMMARY: This act requires the Department of


Economic and Community Development (DECD) to
include in grant agreements a date by which a grant
recipient must either (1) return unused grant funds to
DECD or (2) apply to DECD for authorization to use
the funds for another purpose.
EFFECTIVE DATE: October 1, 2015

PA 15-193sHB 6830
Commerce Committee
Environment Committee
AN ACT CONCERNING THE REMEDIAL
ACTION AND REDEVELOPMENT MUNICIPAL
GRANT PROGRAM, THE TARGETED
BROWNFIELD DEVELOPMENT LOAN
PROGRAM AND THE REMEDIATION OF
STATE-OWNED AND FORMERLY STATEOWNED BROWNFIELDS
SUMMARY: This act makes programmatic changes in
several Department of Economic and Community
Development
(DECD)
brownfield
remediation
programs.
It adds new components to the Municipal
Brownfield Grant program, which provides grants to
municipalities and economic development agencies for
assessing and remediating contaminated property. One
component allows DECD to make additional grants
needed to complete an ongoing project. The other
allows DECD to make grants for preparing
comprehensive plans to remediate and redevelop
multiple brownfields. The act precludes recipients under
the existing and the new components from lending grant
proceeds to brownfield developers.
The act increases maximum loan amounts under the
Brownfield Loan Program from $2 million per year for
up to two years to $4 million per year for an unlimited
number of years. It also exempts developers, under a
narrow condition, from participating in a state voluntary
cleanup or liability relief program. The loan program
finances investigation and assessment and remediation
costs.

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The act makes it easier for developers that acquire


brownfields they did not contaminate to participate in
DECDs program that protects them from liability to the
state and third parties. It does so by specifying that the
duty to investigate the propertys prior ownership and
use is tied to the standards that are in effect when they
acquire the property.
Lastly, the act expands the range of brownfields
DECD can remediate and market to include those the
state owned and transferred to other parties (i.e.,
formerly state-owned brownfields). It allows DECD to
select these brownfields for its brownfields priority list,
which was limited to those the state owns. The act
makes other changes that expand the range of stateowned brownfields eligible for remediation and
marketing. It also makes a conforming technical change.
EFFECTIVE DATE: July 1, 2015
BROWNFIELD REMEDIATION PROGRAMS
1 Municipal Brownfield Grant Program
The act makes programmatic changes in the
Municipal Brownfield Grant program, which provides
up to $4 million in grants to municipalities and
economic development agencies, including nonprofit
regional development corporations and councils of
government,
for
assessing
and
remediating
contaminated property.
It allows the DECD commissioner to award an
additional grant if she and the Department of Energy
and Environmental Protection (DEEP) commissioner
identify the project as a priority for remediation, and the
grant:
1. will be used to cover unexpected cost overruns
or fund cleanup activities that increase the
projects environmental benefits,
2. does not exceed 50% of the original grant, and
3. will not increase the projects total grant
funding to more than $4 million.
The act also allows the commissioner to award
grants to municipalities, economic development
agencies, and regional councils of governments to
prepare comprehensive plans for cleaning up and
redeveloping multiple brownfields. These grants may
cover the costs of preparing the plans and associated
expenses. The plans must be consistent with the state
and local plans of conservation and development.
In addition to adding the new grant components, the
act precludes municipalities and economic development
agencies from lending grant proceeds to a brownfield
redeveloper. Prior law allowed them to do so when the:
1. municipality or agency and developer jointly
applied for the grant and identified within 90
days how the remediated brownfield would be
used and

2.

developer agreed to clean up the property


under specified DEEP voluntary remediation or
DECD liability protection programs.

2 Brownfield Loan Program


The act also makes programmatic changes in
DECDs Brownfield Loan Program, which provides
loans for investigating and assessing a propertys
environmental condition and remediating any
contamination. It increases the maximum loan amount
from $2 million per year for up to two years to $4
million per year with no limit on the number of years.
The act sets a narrow condition under which
borrowers who are not subject to the Transfer Act may
receive loans under the program without having to
remediate the brownfield under specified DEEP
voluntary cleanup or DECD liability protection
programs. (The Transfer Act requires parties involved in
the sale or transfer of a potentially contaminated
property to assess its environmental condition and
remediate it if necessary (CGS 22a-134).)
The act exempts borrowers from this program
requirement if the loan proceeds will be used to abate
hazardous building material. The exemption applies
only if the loan recipient demonstrates, to the DECD
and DEEP commissioners satisfaction, that the material
constitutes the propertys only remaining environmental
contamination.
5 Liability Protection Program
The act makes it easier for bona fide prospective
purchasers to participate in the DECD program that
protects developers from liability to the state and third
parties for cleaning up brownfields. To qualify as a bona
fide purchaser, a person or entity must establish, by a
preponderance of the evidence, certain facts about the
acquisition of a brownfield.
Under prior law, purchasers had to show, among
other things, that they were complying with national
standards for inquiring about a propertys previous
owners and uses (specifically, the American Society for
Testing and Materials (ASTM) Standard Practice for
Environmental Site Assessment Process, E1527-05, as
periodically amended). The act instead specifies that
purchasers must comply only with those standards that
were in effect when they acquired the property.
3 & 4 PROGRAM FOR REMEDIATING AND
MARKETING STATE-OWNED BROWNFIELDS
The act expands the range of brownfields DECD
may remediate and market for private development by
allowing it to add brownfields the state had owned and
transferred to other parties to its brownfield priority list,

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which under prior law was limited to state-owned


brownfields that met statutory criteria. Under prior law,
DECD had to select five geographically diverse stateowned brownfields from that list for marketing and
remediation.
The act gives DECD until January 1, 2016 to add
formerly state-owned property to the priority list and
further expands the range of eligible state-owned and
formerly state-owned brownfields by eliminating the
selection criterion that a brownfield must have a
predetermined end use. DECD must still use the
remaining criteria to select both types of brownfields.
At a minimum, DECD must select brownfields that:
1. are economically viable,
2. can be developed in a way that is consistent
with the State Plan of Conservation and
Development,
3. are located in municipalities where the
unemployment rate exceeds the states average
rate,
4. have access to transportation and other
infrastructure,
5. require immediate environmental remediation,
and
6. can be transferred to a private party without
conflicting with any state law or process.
The act also allows DECD to remediate any
number of state-owned and formerly state-owned
brownfields on the priority list without first identifying
a commercial purchaser. Prior law allowed DECD to
remediate only one brownfield without first identifying
a commercial purchaser.

PA 15-222sSB 957
Commerce Committee
Finance, Revenue and Bonding Committee
AN ACT CONCERNING REVISIONS TO THE
REGENERATIVE MEDICINE RESEARCH FUND
AND THE CONNECTICUT BIOSCIENCE
INNOVATION FUND, AND THE
CONSOLIDATION OF CERTAIN FUNDS OF
CONNECTICUT INNOVATIONS,
INCORPORATED
SUMMARY: This act makes several programmatic
and administrative changes to Connecticut Innovations,
Incorporated (CI) programs. It:
1. allows CI to award additional forms of
financial assistance from the Regenerative
Medicine Research Fund (RMRF),

75

eliminates the RMRFs peer review committee


and requires RMRFs advisory committee to
contract with a third party to select peer
reviewers to review financial assistance
applications,
3. expands eligibility for financial assistance from
the Bioscience Innovation Fund to include
businesses in operation between three and
seven years,
4. limits Bioscience Innovation Fund eligibility to
businesses in certain clinical trial phases, and
5. folds two CI funds into the Connecticut
Growth Fund.
EFFECTIVE DATE: July 1, 2015, except provisions on
the Bioscience Innovation Fund, which are effective
upon passage.
2.

REGENERATIVE MEDICINE RESEARCH FUND


Additional Financing
The act allows CI to provide extensions of credit,
loans, loan guarantees, equity investments, or other
forms of financing from the RMRF and makes
conforming changes. Under prior law, CI could only
award grants from the RMRF to eligible entities. By
law, eligible entities are nonprofit academic institutions,
hospitals conducting biomedical research, and other
entities conducting biomedical or regenerative medicine
research.
Peer Review
The act modifies the peer review process for RMRF
financial assistance applications. Prior law required a
five-member peer review committee to review all
assistance applications. Peer review committee
members were appointed by CIs CEO, served no more
than two four-year terms, and were required to adhere to
conflict of interest provisions and the public officials
code of ethics.
The act eliminates the peer review committee and
requires the RMRFs advisory committee, which
oversees the RMRF, to contract with a third party to
select peer reviewers to review assistance applications.
It also requires the advisory committee, instead of the
peer review committee, to establish rating and scoring
guidelines for all applications and allows it to consult
with the contracted third party to do so.
The act applies to peer reviewers several provisions
that applied to the peer review committee under prior
law. It:
1. requires peer reviewers to review all financial
assistance
applications
and
make
recommendations to the RMRFs advisory
committee regarding the applications ethical
and scientific merit;

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2.

requires that peer reviewers (a) understand the


medical and ethical implications of, and have
practical research experience in, regenerative
medicine or related research fields, including
embryology, genetics, or cellular biology and
(b) work to advance regenerative medicine
research;
3. requires peer reviewers to be cognizant of the
National Academies Guidelines for Human
Embryonic Stem Cell Research and use them
to evaluate assistance applications; and
4. allows CI to pay peer reviewers, at a rate it
establishes,
for
reviewing
assistance
applications.
The act also prohibits peer reviewers from
reviewing their own applications, any applications
submitted by institutions in which they have a financial
interest, or any applications from institutions with which
they engage in any business, employment, transaction,
or professional activity.
BIOSCIENCE INNOVATION FUND
The act extends eligibility for financial assistance
from the Bioscience Innovation Fund to businesses in
operation between three and seven years by including
such businesses in the definition of early-stage
business. Under prior law, only businesses operating
for three or fewer years were considered early-stage
and thus eligible for the assistance. The act also limits
eligibility for financial assistance to those early-stage
businesses that have not begun phase II evaluation
clinical trials, which are those conducted under an
independent peer-reviewed protocol that has been
reviewed and approved by the National Institutes of
Health or the Food and Drug Administration. By law, an
eligible early-stage business must be developing or
testing a product or service that is not commercially
released or is commercially available in a limited
manner.

3.

4.

5.

6.

treats any of the funds outstanding loans,


guarantees, and lines of credit as having been
made from the Growth Fund and credits any
payments received for them to the Growth
Fund;
permits CI to make loans from the Growth
Fund for any purpose currently allowed from
the funds, subject to existing requirements and
restrictions;
specifies that loans made from the Growth
Fund for the funds purposes are not subject to
certain Growth Fund provisions; and
requires loans from the funds that are pending
before and authorized after July 1, 2015 to be
made from the Growth Fund.

BACKGROUND
Business Environmental Clean-Up Revolving Loan
Fund
CI may provide loans from the Business
Environmental Clean-Up Revolving Loan Fund to
businesses for (1) converting vehicles to use alternative
fuels or (2) containing, removing, or mitigating spills or
other hazards involving oil, petroleum, or other
chemicals (CGS 32-23z).
Environmental Assistance Revolving Loan Fund
CI may provide grants, loans, loan guarantees, and
lines of credit to businesses or municipalities for
pollution prevention activities from this fund (CGS
32-23qq).
Connecticut Growth Fund
CIs Connecticut Growth Fund provides capital to
businesses important to the states economic base for a
number of purposes, including equipment purchases and
working capital (CGS 32-23v).

CONSOLIDATION OF CERTAIN FUNDS


Effective July 1, 2015, the act folds the Business
Environmental Clean-Up Revolving Loan Fund and the
Environmental Assistance Revolving Loan Fund
(funds) into the Connecticut Growth Fund (see
BACKGROUND). In doing so, it:
1. makes the subfunds of the Environmental
Assistance Revolving Loan Fund subfunds of
the Growth Fund;
2. transfers the funds cash, notes, receivables,
and all other assets, liabilities, appropriations,
authorizations, and attributes to the Growth
Fund;

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EDUCATION COMMITTEE
PA 15-17sSB 963
Education Committee
AN ACT CONCERNING A LABOR AND FREE
MARKET CAPITALISM CURRICULUM
SUMMARY: This act requires the State Board of
Education (SBE), within available appropriations and
using available materials, to assist and encourage local
and regional boards of education to include in their
curricula (1) labor history and law, including organized
labor, the collective bargaining process, and existing
legal protections in the workplace; (2) the history and
economics
of
free-market
capitalism
and
entrepreneurialism; and (3) the role of labor and
capitalism in developing the American and world
economies.
By law, SBE must similarly assist and encourage
boards of education to include in their curricula topics
such as the Holocaust, the Great Famine in Ireland, and
African-American History.
EFFECTIVE DATE: July 1, 2015

PA 15-94sSB 962
Education Committee
Appropriations Committee
AN ACT CONCERNING THE INCLUSION OF
CARDIOPULMONARY RESUSCITATION
TRAINING, THE SAFE USE OF SOCIAL MEDIA
AND COMPUTER PROGRAMMING
INSTRUCTION IN THE PUBLIC SCHOOL
CURRICULUM
SUMMARY: This act requires public schools to add
the following subject areas to their curricula beginning
in the 2016-17 school year:
1. as part of the health and safety curriculum, (a)
cardiopulmonary resuscitation (CPR) training
and (b) instruction on the safe use of social
media, such as blogs, video blogs, podcasts,
instant messaging, and other electronic usergenerated content and
2. computer programming instruction.
The CPR instruction must be based on American
Heart
Association
guidelines
for
emergency
cardiovascular care, including hands-on training in
CPR.
The act also allows local or regional boards of
education to accept gifts, grants, and donations
(including in-kind donations) to purchase equipment or
material needed to provide CPR instruction in public
schools.

77

EFFECTIVE DATE: July 1, 2016 for the provision


adding new curriculum requirements and July 1, 2015
for the provision about gifts, grants, and donations.

PA 15-96sSB 1053
Education Committee
AN ACT CONCERNING OUT-OF-SCHOOL
SUSPENSIONS AND EXPULSIONS FOR
STUDENTS IN PRESCHOOL AND GRADES
KINDERGARTEN TO TWO
SUMMARY:
This act, with certain exceptions,
prohibits local or regional boards of education from
imposing out-of-school suspensions or expulsions on
students in grades preschool through two.
The
exceptions are:
1. out-of-school suspensions by boards of
education for preschool through grade two
students whose conduct is of a violent or
sexual nature that endangers others (but a
conflicting provision prohibits all out-of-school
suspensions for preschool students);
2. expulsions by boards of education for
kindergarten through grade two students who
possess firearms or certain other weapons or
sell or distribute controlled substances; and
3. expulsions by boards of education, state or
local charter schools, or interdistrict magnet
schools (i.e., preschool program providers)
for preschool students who possess a firearm
on or off school grounds or at schoolsponsored activities at preschool programs, in
accordance with federal law.
The act prohibits preschools run by charter schools
or interdistrict magnet schools from imposing out-ofschool suspensions. It also establishes expulsion hearing
procedures for students of all preschool program
providers.
Additionally, the act requires school-based primary
mental health programs administered by boards of
education to include a component for systematic early
detection and screening to identify children
experiencing behavioral or disciplinary problems.
(Prior law required the identification of children
experiencing early school adjustment problems only.) It
also requires the (1) programs to include services to
address those problems and (2) education commissioner
to consider, as an additional factor when awarding
school-based primary mental health program grants to
boards of education, the number of children enrolled in
grades kindergarten to two who experience behavioral,
disciplinary, or early school adjustment problems.

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The act also makes conforming and technical


changes.
EFFECTIVE DATE: July 1, 2015

two students could be expelled for the same reasons as


students in grades three through 12 (e.g., dangerous or
seriously disruptive conduct).

OUT-OF-SCHOOL SUSPENSIONS

Preschool Students

Preschool through Grade Two Programs Administered


by Boards of Education

The act conforms state law to federal law by


requiring boards of education to expel preschool
students for one calendar year when the school
administration determines during a disciplinary hearing
that there is reason to believe that the student possessed
a firearm on or off school grounds or at a schoolsponsored event (see BACKGROUND). Existing law
requires this for students in grades kindergarten through
12. The act also subjects preschool students enrolled in
a state or local charter school or interdistrict magnet
school preschool program to the same mandatory
expulsion requirement. It otherwise prohibits preschool
providers from expelling preschool students.
The act allows preschool program providers to
modify this mandatory expulsion period on a case-bycase basis. It does not establish criteria for modifying
the one-year period.

The act prohibits boards of education from


authorizing out-of-school suspensions for students in
preschool through grade two unless the school
administration determines during a disciplinary hearing
that there is evidence of conduct on school grounds of a
violent or sexual nature that endangers others. Under
prior law, kindergarten through grade two students
could receive an out-of-school suspension for the same
reasons as students in grades three through 12 (e.g.,
posing a danger to persons or property, disrupting the
educational process).
The act also simultaneously prohibits boards of
education from authorizing any suspensions for
preschool students other than in-school suspensions,
which conflicts with the above exception permitting
out-of-school suspensions for violent or sexual conduct.
Preschool Programs Administered by Charter or
Magnet Schools
The act prohibits state or local charter schools or
interdistrict magnet schools from authorizing out-ofschool suspensions for preschool students for any
reason, but it allows them to authorize in-school
suspensions for such students.
EXPULSIONS
Kindergarten through Grade Two Students
The act prohibits boards of education from
expelling a student enrolled in kindergarten through
grade two, unless the student:
1. possessed a firearm, deadly weapon, dangerous
instrument, or martial arts weapon on school
grounds or at a school-sponsored activity;
2. possessed such a firearm, instrument, or
weapon in the commission of a crime off
school grounds; or
3. on or off school grounds, offered a controlled
substance for sale or distribution whose
manufacture, distribution, sale, prescription,
dispensing, transporting, or possessing with
intent to sell, dispense, offer, or administer is
subject to criminal penalties under state law.
As under existing law, such students are subject to
mandatory expulsion for one calendar year, which the
board may reduce on a case-by-case basis for specified
reasons. Under prior law, kindergarten through grade

Preschool Expulsion Hearing Procedures


The act requires preschool expulsion hearings for
firearm possession to be conducted by the local or
regional board of education, state or local charter
school, or interdistrict magnet school providing the
preschool program, except that it also allows hearings to
be conducted by:
1. the local or regional board of education if a
regional education service center or a state or
local charter school is the program provider,
and such providers have an agreement with the
board to do so, or
2. an impartial hearing board established by the
preschool program provider.
The act generally conforms preschool expulsion
hearing requirements to the requirements in existing law
for kindergarten through grade 12 expulsion hearings.
This includes:
1. conducting the hearing in accordance with the
Uniform Administrative Procedure Act
(UAPA);
2. notifying the students parent or guardian of
the hearing, including providing information
about local free or low-cost legal services; and
3. prohibiting preschool students from being
expelled without a UAPA hearing, except in an
emergency. (If an emergency exists, the
hearing must be held as soon after the
expulsion as possible.)
The act prohibits preschool program provider
employees from serving as members of impartial

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expulsion hearing boards but appears to permit local or


regional board of education members to serve on
impartial preschool hearing expulsion boards. Under
existing law for kindergarten through grade 12 students,
board of education members cannot be members of an
impartial expulsion hearing board.
BACKGROUND
Firearms Requiring Expulsion
The federal Gun Free Schools Act describes the
following weapons as firearms that require one calendar
year of expulsion:
1. any weapon that can expel a projectile by the
action of an explosive;
2. a firearm frame, receiver, muffler, or silencer;
or
3. any destructive device, which includes
explosives, incendiaries, and poison gases (but
not rifles intended for sporting, recreational, or
cultural purposes or knives) (18 USC
921(a)(3)-(4)).

PA 15-97sSB 1054
Education Committee
Higher Education and Employment Advancement Committee

AN ACT CONCERNING STUDENTS WITH


DYSLEXIA
SUMMARY: This act makes several changes to state
education law regarding dyslexia, a reading disability. It
requires the education commissioner to designate an
employee to help parents and local and regional boards
of education detect, and intervene on behalf of, students
with dyslexia.
The act also requires that teacher preparation
programs and in-service training programs include
additional dyslexia education and training. By law,
prospective teachers must take a curriculum that
includes instruction in literacy skills, including the
detection and recognition of, and evidence-based
interventions for, students with dyslexia. The act
requires that the (1) dyslexia education be at least 12
clock hours and (2) student evidence-based
interventions be structured literacy interventions.
Additionally, boards of education must, under
existing law, provide in-service training to teachers in a
number of areas, including health and mental health risk
reduction education, school violence prevention, and
other topics. The act adds to the training (1) the
detection and recognition of students with dyslexia and
(2) the related evidence-based, structured literacy
interventions.

79

The law requires the State Department of Education


(SDE) to develop or approve kindergarten through
grade three reading assessments that boards of
education must use to identify students reading below
proficiency. The assessment must, among other things:
(1) measure phonics, phonemic awareness, fluency,
vocabulary, and comprehension and (2) be compatible
with best practices in reading instruction and research.
The act requires that the assessments assist in
identifying, in whole or in part, students at risk for
dyslexia or other reading-related learning disabilities.
It also extends by two years, from January 1, 2014
to January 1, 2016, the deadline for SDE to develop or
approve the reading assessments. The act requires that
the assessments be ready for use by school districts for
the school year starting July 1, 2016, rather than July 1,
2014. It also extends, from February 1, 2013 to
February 1, 2016, the deadline for the commissioner to
submit the assessments to the Education Committee.
Under the act, dyslexia has the same meaning as
found in SDEs guidance manual for individualized
education programs (IEP) under special education law
(IEP Manual and Forms, revised January 2015). The
manual defines dyslexia as a type of specific learning
disability that affects reading, specifically spelling,
decoding words, and fluent word recognition. It
specifies that dyslexia (1) is neurobiological and is often
inconsistent with a students other abilities and (2)
results from a significant deficit in phonological
processing (i.e., difficulty in the ability to manipulate
individual sounds of spoken language).
EFFECTIVE DATE: July 1, 2015

PA 15-99sHB 7019
Education Committee
AN ACT CONCERNING THE MINIMUM
BUDGET REQUIREMENT
SUMMARY: This act (1) extends, to FY 16 and FY 17,
the minimum budget requirement (MBR) for local
education spending; (2) exempts certain highperforming school districts from the MBR; and (3)
expands a towns authority to reduce its MBR under
specified circumstances.
The MBR requires towns receiving Education Cost
Sharing (ECS) grants to budget a minimum annual
amount for education. Prior law allowed a town, with
certain limitations, to reduce its MBR if it (1)
experienced a decrease in student enrollment, (2) could
demonstrate savings through increased efficiencies or
regional collaborations, or (3) was a district without a
high school that paid tuition for its students to attend
high school out of town and the number of high school
students declined. Prior law allowed a town to choose

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one of these three methods but allowed an additional


method not tied to the others: MBR reduction for
savings related to closing a school due to declining
enrollment.
The act (1) maintains these permitted MBR
reductions through FY 17, (2) increases the maximum
MBR reduction for drops in student enrollment and
establishes a new mechanism for such reductions, and
(3) allows a town to reduce its MBR under more than
one condition.
The act prohibits alliance district towns from
reducing their MBR. (PA 15-5, June Special Session,
511, specifies the prohibition applies to current or
former alliance districts.) Under prior law, the education
commissioner could approve an MBR reduction for an
alliance district town if it could demonstrate that it had
increased its local contribution for education in that
fiscal year. Alliance districts are the 30 school districts
with the lowest District Performance Index (DPI) (see
BACKGROUND) in the state.
It also repeals obsolete language regarding the
MBR and the minimum expenditure requirement (the
MBRs precursor) and makes a number of technical and
conforming changes.
EFFECTIVE DATE: July 1, 2015
MBR FOR FY 16 & 17
The act extends the MBR to FYs 16 and 17, while
making several changes to it. Under the act, each towns
base MBR is the amount it budgeted for education in the
previous fiscal year plus any ECS aid increase received
from the state.
The act exempts from the MBR school districts that
have DPI scores in the top 10% of all districts statewide.

education budget for the previous fiscal year. The act


increases the per student dollar amount to 50% of the
school districts net current expenditure (NCE) per
resident student.
The act defines NCE per resident student as, in any
school year, the NCE (see BACKGROUND) for a
school year divided by the towns number of resident
students for the same school year. Resident students are
the number of students that a school district must
educate.
In addition, the act creates a two-tiered mechanism
for determining the maximum MBR reduction for
declining enrollment based on the percentage of
students eligible for free and reduced price lunch
(FRPL) under the federal school lunch law. Under this
provision, districts with (1) 20% or more of their
students qualifying for FRPL can reduce their MBR by
up to 1.5% and (2) less than 20% of students eligible for
FRPL can reduce their MBR by up to 3%.
The act specifies that the decreasing student
enrollment reduction for FY 16 must use the data of
record as of January 31, 2015 and consider the decrease
in the student count from October 1, 2013 to October 1,
2014. The student enrollment reduction for FY 17 must
use the data of record as of January 31, 2016 and
consider the decrease in the student count from October
1, 2014 to October 1, 2015.
Potential Additional MBR Reduction
Furthermore, the act allows towns in either FRPL
tier to exceed the MBR reduction limits described above
if (1) the education commissioner approves, following a
review of the proposed reduction, and (2) the towns
board of education approves by a vote held at a duly
called meeting.

CHANGES TO MBR REDUCTIONS


Other MBR Reductions Extended
Under prior law, towns could reduce their MBR by
only one of the methods the law provided (a reduction
due to a school closing was exempt from this
restriction). These were reductions due to:
1. decreased enrollment,
2. documented
savings
from
increased
efficiencies or regional collaboration, or
3. declines in the number of high school students
in districts without high schools that pay
tuition for their students to attend high school
out of town.
The act removes the limit on the number of these
MBR reduction methods a town can use.
Reduction Due to Enrollment Decline
Under prior law, a town could reduce its MBR due
to an enrollment decrease by $3,000 for each student no
longer enrolled up to a limit of 0.5% of the towns

The act maintains three other types of MBR


reductions allowed in FYs 14 and 15 under prior law:
1. A town without a high school that pays tuition
to other towns for its resident students to attend
there and is paying for fewer students than it
did in the previous year can reduce its MBR by
the full amount of its lowered tuition payments.
2. A town can reduce its MBR to reflect half of
any new and documented savings from (a)
increased efficiencies within its school district,
as long as the education commissioner
approves the savings, or (b) a regional
collaboration or cooperative arrangement with
at least one other district. This reduction is
limited to a maximum of 0.5% of the FY 15
MBR.

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3.

A town that is permanently closing a school


due to declining enrollment at the school in
FYs 13 to 16, inclusive, may be granted an
MBR reduction for FYs 16 and 17 in an
amount to be determined by the education
commissioner.

BACKGROUND
DPI
A school district's DPI is its students' weighted
performance on the statewide mastery tests in reading,
writing, and mathematics given in grades three through
eight and 10 or 11 and science in grades five, eight, and
10 or 11. Under PA 15-5, June Special Session, 326333, SDE is authorized to revise the performance index
for measuring academic achievement.
Net Current Expenditures (NCE)
A district's NCEs are its total education
expenditures, excluding (1) student transportation, (2)
capital costs supported by school construction grants
and debt service, (3) adult education, (4) health services
for private school students, (5) tuition, (6) income from
federally- and state-aided school meal programs, and (7)
fees for student activities (CGS 10-261(a)(3)).

PA 15-108sSB 1098
Education Committee
Appropriations Committee
AN ACT CONCERNING TEACHER
CERTIFICATION REQUIREMENTS FOR
SHORTAGE AREAS, INTERSTATE
AGREEMENTS FOR TEACHER
CERTIFICATION RECIPROCITY, MINORITY
TEACHER RECRUITMENT AND RETENTION
AND CULTURAL COMPETENCY
INSTRUCTION
SUMMARY: This act decreases, from three to two, the
years of teaching experience an out-of-state teacher
needs to qualify for a professional teacher certificate.
Certification is the credential that permits a person to
teach in Connecticut public schools.
The act also:
1. allows teacher shortage area applicants to
receive 90-day temporary teacher certificates
(see BACKGROUND), as the law already
allows for those who finish an alternative route
to certification (ARC) program;
2. requires the State Department of Education
(SDE) to establish or join interstate agreements

81

to facilitate certification of qualified outofstate teachers;


3. creates an 11-member minority teacher
recruitment task force and requires it to report
its findings and recommendations to the
Education Committee by February 1, 2016;
4. requires the Office of Higher Education (OHE)
to issue an annual demographics report on
candidates enrolled in teacher preparation
programs;
5. adds training in cultural competency to the
teacher preparation and in-service training
requirements; and
6. makes technical and conforming changes to
teacher certification laws.
EFFECTIVE DATE: July 1, 2015, except the minority
teacher recruitment task force section is effective upon
passage.
1 TEMPORARY TEACHER CERTIFICATION
AND TEACHER SHORTAGE AREAS
Existing law requires the State Board of Education
(SBE) to grant a 90-day temporary teacher certificate to
an applicant at the employing board of educations
request if he or she, among other things, successfully
completes an ARC program. The act requires SBE to
also grant such temporary certification to applicants in
teacher shortage areas who meet the same criteria (see
BACKGROUND). ARC programs allow participants to
attain teacher certification without completing a regular
teacher preparation program.
Under prior law, the temporary certificate was only
available for education endorsement areas of
elementary, middle grades, secondary academic
subjects, special subjects or fields, special education,
early childhood, and administration and supervision. It
is unclear if the act expands the types of certification
endorsement areas that can be granted, as any shortage
area would already be covered by the broad ranges of
endorsements in law.
2 TEACHER CERTIFICATION INTERSTATE
AGREEMENTS
The act requires, rather than permits, SDE to
establish or join interstate agreements to facilitate
certification of qualified out-of-state teachers.
It also requires SBE to issue an initial Connecticut
teacher certification to an out-of-state teacher if the
applicant:
1. meets all the conditions of the interstate
agreement;
2. taught and held an appropriate certification in
another state or U.S. territory or possession,
including the District of Columbia and Puerto

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Rico; and
fulfills any appropriate post-preparation
assessment the education commissioner
requires.
The act eliminates the requirement that these
applicants fulfill the SBE-approved teacher testing
requirements, instead requiring them to fulfill the
commissioner-required assessments mentioned above.
The act continues to require applicants to hold at least a
bachelors degree from a regionally accredited college
or university but waives the requirement under existing
law that they have a subject-area major as defined by
SBE.
3.

3 OUT-OF-STATE TEACHERS AND


PROFESSONAL CERTIFICATION
The act reduces the required teaching experience,
from three to two years within the last 10, for out-ofstate applicants for professional certification. By law,
applicants must meet additional requirements, including
holding national board certification and a masters
degree in an endorsement area related to the applicants
certification endorsement area. By law, in-state public
school teachers must work three years before qualifying
for professional certification.
By law, new teachers must complete a beginning
teacher program. For in-state private school teachers
and out-of-state teachers, the act reduces, from three to
two years in the last 10, the experience required in order
to be exempt from the program, provided the teacher
can show effectiveness as a teacher as SBE determines,
which may include a record of improving student
achievement.
4 TEACHER CERTIFICATION REGULATIONS
By law, SBE teacher certification regulations must
require applicants for initial certification with an
elementary school endorsement to complete a survey
course in U.S. history. The act requires the regulations
to permit such applicants to substitute a satisfactory
evaluation on an SBE-approved subject-area assessment
in place of the history course.
MINORITY TEACHER RECRUITMENT
5 Minority Teacher Recruitment Task Force and
Study
The act creates an 11-member minority teacher
recruitment task force to study and develop strategies to
increase and improve the recruitment, preparation, and
retention of minority teachers in Connecticut public
schools. Under the act, minority means an individual
whose race is other than white or whose ethnicity is
defined by the U.S. Census Bureau as Hispanic or

Latino.
The study must, at a minimum, examine current
statewide and school district demographics and review
best practices.
Under the act, the six legislative leaders each
appoint one task force member, any of whom may be
legislators. The House majority leader must appoint a
legislator who is a member of the Black and Puerto
Rican Caucus.
Additional members are the:
1. education commissioner or her designee;
2. Board of Regents for Higher Education
president or his designee; and
3. executive directors of the Latino and Puerto
Rican Affairs Commission, African-American
Affairs Commission, and Commission on
Children, or their respective designees.
Appointing
authorities
must
make
their
appointments by June 23, 2015 and must fill any
vacancies.
The House speaker and the Senate president pro
tempore must select the chairpersons from among the
task force members. The chairpersons must schedule
and hold the task forces first meeting by August 22,
2015. The Education Committees administrative staff
serves as the task forces administrative staff.
The task force must report its findings and
recommendations to the Education Committee by
February 1, 2016. The task force terminates on the date
it submits its report or February 1, 2016, whichever is
later.
6 Annual Teacher Demographics Report
The act requires OHE, by July 1, 2015, to begin
annually reporting to the Education Committee and SBE
on teacher candidate demographics in teacher
preparation programs offered at Connecticut colleges
and universities. The report must include teacher
candidate enrollment by subgroups (e.g., race, ethnicity,
and gender) with respect to the recruitment, preparation,
and retention of quality minority teachers.
8 Expanding Eligible Alliance District Activities to
Include Minority Teacher Recruitment
Existing law requires each alliance district to
submit for SDE approval a plan describing how it will
use alliance district aid to improve the districts
performance. The act adds strategies for attracting and
recruiting minority teachers and administrators to the
statutory list of possible uses. Alliance districts are the
30 districts in the state with the lowest district
performance index, which is the weighted measure of
student mastery test scores by district.

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7 ALLIANCE DISTRICTS AND AID FOR NEW


EDUCATORS
Prior law required SDE to establish a municipal aid
for new educators (MANE) program, within available
appropriations, to enable education reform districts to
extend job offers to up to five students graduating in the
top 10% of their class from in-state public or private
teacher preparation programs. The act expands the
program to include the 30 alliance districts, instead of
just the 10 education reform districts. It also eliminates
the five-student cap and allows alliance districts to
extend job offers to students graduating from out-ofstate programs.
9 & 10 TRAINING IN CULTURAL
COMPETENCY
The act adds a cultural competency component to
teacher preparation programs and in-service training.
By law, prospective teachers must complete a
teacher preparation program that includes instruction in
classroom and behavior management and childrens
social and emotional development and learning, among
other topics. Additionally, local or regional boards of
education must provide in-service training to teachers in
a number of areas, including health and mental health
risk reduction education and school violence prevention,
among others. The act adds cultural competency to the
required topics in both areas. This training must include
instruction on awareness of student background and
experience in order to develop skills, knowledge, and
behaviors that enable teachers and students to build
positive relationships and work effectively in crosscultural situations.
BACKGROUND
Teacher Shortage Areas
By law, the education commissioner must annually
determine the anticipated teacher shortage areas based
on vacancies, retirements, and the expected quantity and
quality of new applicants. By law and regulation,
shortage area applicants can qualify for a one-year
durational shortage area teaching permit, which allows
the applicant to teach in Connecticut but is not fully
equivalent to a certification.
90-Day Temporary Teaching Certificate
By law, to be granted a temporary certificate, an
applicant must:
1. hold a bachelors degree from an accredited
higher education institution with a major either
in, or closely related to, the certification
endorsement area;

83

2.

pass or qualify for a waiver of the standard


competency examination and pass an
appropriate subject matter examination;
3. present a written application as the education
commissioner prescribes;
4. successfully complete an ARC program;
5. possess an undergraduate or, where
appropriate, graduate degree with an overall
grade point average of at least a B; and
6. present supporting evidence of appropriate
experience working with children.
The commissioner may waive the last two
requirements upon showing of good cause. The
sponsoring board of education must attest that it has a
special supervision plan for any holders of 90-daytemporary certificates.

PA 15-133HB 7018
Education Committee
AN ACT CONCERNING ALTERNATIVE
EDUCATION
SUMMARY: This act establishes a statutory definition
for alternative education and allows local and regional
boards of education to provide alternative education to
students using space in an existing school or by
establishing a new school specifically for this purpose.
The act defines alternative education as a school or
program maintained and operated by a local or regional
board of education offered to students in a
nontraditional setting that addresses their social,
emotional, behavioral, and academic needs.
It also
replaces statutory references to alternative programs,
alternative school programs, and alternative high
school with the new definition.
Additionally, the act (1) assigns several new duties
to local and regional boards of education, the State
Department of Education (SDE), and the State Board of
Education (SBE) relating to alternative education and
(2) allows two or more boards of education to form
cooperative arrangements to provide alternative
education.
EFFECTIVE DATE: July 1, 2015
BOARD OF EDUCATION DUTIES
Under the act, if a board of education chooses to
provide alternative education, it must comply with state
laws on the number and length of school days in an
academic year and all other federal and state laws
governing public schools.
Additionally, the act requires such boards of
education to:

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1.

2.

3.

post information on their websites about


alternative education they may offer, including
purpose, location, contact information, staff
directory, and enrollment criteria;
give all children in the school district who
receive alternative education as nearly equal
advantages as may be practicable compared
with other children in the district; and
annually submit a strategic school profile
report (see BACKGROUND) for each
alternative education school or program under
their jurisdiction.

and district information about student needs, school


resources, student and school performance, and
provision of special education services (CGS 10-220).
PSIS
PSIS is a statewide, standardized electronic
database that tracks and reports data on student, teacher,
school, and district performance growth. This data is
available to local and regional boards of education for
evaluating educational performance and growth of
teachers and students enrolled in Connecticut public
schools (CGS 10-10a).

SDE DUTIES

Commissioners Network

The act requires SDE to perform the following


duties:
1. develop alternative education guidelines,
including (a) a description of the purpose and
expectations, (b) eligibility criteria, and (c)
entrance and exit criteria;
2. assign each alternative education school or
program
an
identification
code
and
organization code for collecting, tracking, and
monitoring alternative education in the public
school information system (PSIS) (see
BACKGROUND); and
3. perform an operations and instructional audit
for any school selected to participate in the
commissioners
network
(see
BACKGROUND) that inventories, among
other things, any alternative education that the
school offers to students.

The commissioners network is a group of up to 25


schools selected by the education commissioner for
three to five years of intensive state assistance,
supervision, and intervention (CGS 10-223h).

SBE DUTIES
Under the act, SBE must assess alternative
education and alternative education opportunities as part
of its statewide assessment of disparities among local
and regional school districts to make comparisons to
relevant national standards or regional accreditation
standards. By law, this assessment is required before
SBE develops a five-year implementation plan with
appropriate goals and strategies to (1) achieve resource
equity and equality of opportunity; (2) increase student
achievement; (3) reduce racial, ethnic, and economic
isolation; (4) improve effective instruction; and (5)
encourage greater parental and community involvement
in the state's public schools.
BACKGROUND
Strategic School Profile Reports

PA 15-134sHB 7020
Education Committee
Appropriations Committee
AN ACT CONCERNING EARLY CHILDHOOD
EDUCATORS AND INITIATIVES
SUMMARY: This act makes a number of changes in
the early childhood education statutes. It requires:
1. the Office of Early Childhood (OEC) to (a)
quarterly perform and publicly post a trend
analysis of regionally accredited bachelors
degree programs in early childhood education
or child development, (b) review analysis
results when considering whether to approve
bachelors degrees that lack state or regional
accreditation, and (c) base such approvals upon
trend analysis results ( 1);
2. local or regional boards of education and
regional education service centers operating
preschool magnet programs, as well as state or
local charter school governing councils
offering preschool programs, to obtain
National Association for the Education of
Young
Children
(NAEYC)
program
accreditation beginning in the 2017-18 school
year ( 2);
3. OEC to develop a plan to help state-funded
early childhood education program providers
implement stricter staff qualifications required
by law and submit the plan to the Education
Committee by January 1, 2016 ( 4);

By law, local and regional boards of education are


responsible for creating and submitting these reports to
the education commissioner. The reports contain school

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85

OEC to report to the Education Committee, by


July 1 annually, on school readiness program
providers compliance with the stricter staff
qualification requirements ( 5);
5. local and regional boards of education to
include OECs preschool experience survey
(see BACKGROUND) in their kindergarten
registration materials, rather than leave it to the
boards discretion ( 6); and
6. grandfathering certain school readiness staff
into stricter staff qualifications through June
30, 2025 ( 8).
The act also (1) postpones by two years, from July
1, 2015 to July 1, 2017, the deadline by which certain
school readiness staff must meet the first phase of
stricter staff qualifications ( 8) and (2) allows OEC to
provide funding, within available appropriations, to
local and regional early childhood councils (see
BACKGROUND) to implement early care and
education and child development programs ( 3).
It also makes technical and conforming changes.
EFFECTIVE DATE: July 1, 2015, except the following
provisions are effective upon passage: (1) OECs plan to
help early childhood program providers meet stricter
staff qualifications, (2) postponement of these new staff
qualifications, and (3) grandfathering of school
readiness staff.

4, 5, & 8 SCHOOL READINESS STAFF


QUALIFICATIONS

1 TREND ANALYSIS

Under the act, school readiness staff members are


considered to have satisfied the stricter staff
qualifications (i.e., are grandfathered) through June 30,
2025 if they have:
1. an associates degree with at least 12 credits in
early
childhood
education
or
child
development from a higher education
institution accredited by BOR or OHE and
regionally accredited and
2. been employed by the same school readiness
program since at least 1995.
Beginning July 1, 2025, these staff members must
hold a childhood development associate credential or an
equivalent credential or otherwise meet the laws
stricter qualification requirements. If a grandfathered
staff member terminates his or her employment with the
program on or before June 30, 2025 and accepts a
position at another program, he or she must submit
documentation to OEC showing progress toward
meeting the stricter requirements.

4.

Beginning July 1, 2015, the act requires OEC to


collect data on early childhood education or child
development bachelors degree programs from
regionally accredited higher education institutions that
have not been approved by the (1) Board of Regents for
Higher Education (BOR) or (2) Office of Higher
Education (OHE) and OEC. The act defines these
degree programs as those that have a concentration in
early childhood education, including bachelors degrees
in early childhood education, child study, child
development, or human growth and development.
Under the act, OEC must use the collected data at
least quarterly to conduct a trend analysis to determine
(1) whether such degree programs align with NAEYC
teacher preparation standards and (2) which courses and
concentrations offered as part of these degree programs
align with NAEYC teacher preparation standards. OEC
must publish the analysis results on its website and
review them when considering whether individuals
bachelors degrees that lack state or regional
accreditation have a sufficient early childhood education
concentration. If the trend analysis determines that an
individuals degree aligns with NAEYC standards, OEC
must find that the individual meets the states school
readiness staff qualifications.

8 Postponement of Stricter Staff Qualifications


Existing law imposes stricter school readiness staff
qualifications in two phases, but the act delays the first
phase by two years to June 1, 2017. The second phase,
under existing law unchanged by the act, begins July 1,
2020.
In the first phase, at least 50% of classroom staff in
each state-funded school readiness program must hold
either a (1) teaching certificate with an endorsement in
early childhood education or early childhood special
education or (2) bachelors degree with an early
childhood education concentration that is accredited by
the state or regionally accredited with state approval.
The remaining 50% of the staff must hold an associates
degree in early childhood education, child study, child
development, or human growth and development that is
accredited by the state or regionally accredited with
state approval.
In phase two, 100% of classroom staff in each
school readiness program must have either a teaching
certificate or bachelor's degree.
8 Grandfathering

4 Staff Qualification Assistance Plan


The act requires OEC to develop a plan to help
state-funded early childhood education program
providers implement the stricter staff qualifications the
law requires. The plan must include ways to:

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1.

2.

3.

help school readiness program staff obtain


bachelors degrees with a concentration in
early childhood education,
increase the salaries of or provide incentives
for staff who already hold a bachelors degree
or otherwise meet the stricter qualifications,
and
retain staff who already hold a bachelors
degree or otherwise meet the new
qualifications.

BACKGROUND
Preschool Experience Survey
The law required OEC to develop a preschool
experience survey by March 1, 2015. This voluntary
survey allows boards of education to collect information
on:
1. whether a child enrolling in kindergarten has
participated in a preschool program and
2. either the (a) nature, length, and setting of the
preschool program in which the child
participated or (b) reasons why the child did
not participate in a program, including
financial difficulty, lack of transportation,
parental choice, limited hours of operation, or
any other barriers (CGS 10-515).
Early Childhood Councils
Local and regional early childhood councils
develop early childhood policy and program planning,
encourage parental involvement, and allocate resources,
among other functions (CGS 10-502).

2.

help the education commissioner develop and


administer the teacher and principal
professional development program about
scientifically-based reading research and
instruction;
3. administer the reading incentive program and
coordinated statewide reading plan for students
in kindergarten through grade three (see
BACKGROUND);
4. help local and regional boards of education
administer reading assessments and implement
school district reading plans;
5. provide parents and guardians with information
on, and assistance with, reading and literacy
instruction;
6. address English language learner reading and
literacy issues; and
7. develop and administer any other statewide
reading and literacy initiatives for kindergarten
through grade 12.
EFFECTIVE DATE: July 1, 2015
BACKGROUND
Intensive Reading Instruction
The law requires the education commissioner to
create an intensive reading program for kindergarten
through grade three and select five low-achieving
elementary schools to participate each year. The overall
program includes an intensive reading instruction
strategy, reading intervention plans, and summer school
programs. The goals of these programs are to improve
literacy and narrow the achievement gaps between
student groups (CGS 10-14u).
Coordinated Statewide Reading Plan

PA 15-137HB 6974
Education Committee
AN ACT IMPLEMENTING THE
RECOMMENDATIONS OF THE ACHIEVEMENT
GAP TASK FORCE CONCERNING THE
CREATION OF A DIRECTOR OF READING
INITIATIVES AT THE DEPARTMENT OF
EDUCATION
SUMMARY: This act creates a director of reading
initiatives position in the State Department of Education
(SDE) to:
1. administer the intensive reading instruction
program (see BACKGROUND) to improve
literacy in kindergarten through grade three
and close the achievement gap between student
groups;

The law requires SDE to develop a statewide


reading plan for students in kindergarten through grade
three. The plan must contain research-driven strategies
to produce effective reading instruction and improve
student performance. Among other things, it must:
1. align K-3 reading instruction and assessment
methods with Common Core State Standards;
2. coordinate reading instruction between home
and school, creating opportunities for parent
involvement; and
3. include incentives for schools that have
demonstrated significant reading improvement
(CGS 10-14v).
Incentive Program
The law requires the education commissioner to
establish an incentive program to increase the number of
students who meet reading goals on Connecticut

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mastery tests. The program must demonstrate


instruction methods that schools can use to increase the
number of students meeting mastery test reading goals
by 10%. The commissioner may use incentives such as
public recognition, financial rewards, enhanced
autonomy, and operational flexibility to reward
participating, successful schools (CGS 10-14w).

PA 15-143SB 964
Education Committee
AN ACT CONCERNING THE LEGISLATIVE
COMMISSIONERS' RECOMMENDATIONS FOR
TECHNICAL REVISIONS TO THE EDUCATION
AND EARLY CHILDHOOD STATUTES
SUMMARY: This act makes numerous technical and
grammatical changes in (1) education statutes governing
the State Education Resource Center, magnet school
operation grants, and safe school climate plans and (2)
early childhood statutes governing local school
readiness councils, child care providers, the Office of
Early Childhood and its programs, child abuse
protection, and the early childhood information system.
EFFECTIVE DATE: Upon passage

87

local and regional board of education special education


expenditures for the prior fiscal year. At a minimum,
the report must include a breakdown of the total number
of special education students in each district whose perpupil educational cost to the district exceeds its net
current expenditures per resident student multiplied by
(1) two, (2) two and a half, (3) three, (4) three and a
half, (5) four, and (6) four and a half. The act does not
define net current expenditures per resident student;
however, existing law defines net current
expenditures and resident students separately.
EFFECTIVE DATE: July 1, 2015
BACKGROUND
Strategic School Profile Report
These reports contain school and district
information about various topics, such as student needs,
school resources, student and school performance, and
the provision of special education services. By law,
local and regional boards of education must create and
submit these reports to the education commissioner
(CGS 10-220).
Related Act
PA 15-99, 2, defines net current expenditures
per resident student to mean, in any school year, the
net current expenditures for such school year (i.e., total
current educational expenditures, with certain
exceptions) divided by the number of resident students
in the town for that school year.

PA 15-145sSB 1056 (VETOED)


Education Committee
Appropriations Committee
AN ACT CONCERNING THE COLLECTION
AND REPORTING OF DATA RELATING TO
SPECIAL EDUCATION EXPENDITURES
SUMMARY: This act requires each local and regional
board of education, beginning July 15, 2016, to annually
report its special education expenditures for the prior
fiscal year to the State Department of Education (SDE).
Each report must include at least:
1. the board of educations total special education
expenditures,
2. such spending as a percentage of total school
district expenditures, and
3. individual expenditures for each child requiring
special education who is under the boards
jurisdiction.
The act exempts these annual reports from the
Freedom of Information Act, except for any of their
contents that a strategic school profile report, which is a
public
record,
might
also
contain
(see
BACKGROUND).
It also requires SDE, annually by October 1, to
submit to the Education Committee a report, using the
disaggregated data submitted by boards, that details

PA 15-168sHB 6834
Education Committee
Public Safety and Security Committee
AN ACT CONCERNING COLLABORATION
BETWEEN BOARDS OF EDUCATION AND
SCHOOL RESOURCE OFFICERS AND THE
COLLECTION AND REPORTING OF DATA ON
SCHOOL-BASED ARRESTS
SUMMARY: This act requires a local or regional
school board that assigns a sworn police officer to a
school (i.e., school resource officer) to enter into a
memorandum of understanding (MOU) with the local
police department or the Division of State Police
defining the officers role and responsibilities. The
MOU must address daily interactions among students,
school personnel, and police officers and can include a
graduated-response model for student discipline (see
BACKGROUND). (PA 15-5, June Special Session,
342, removed the State Police from the requirement and

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requires, rather than allows, MOUs to include a student


discipline graduated-response model.)
By law, each local and regional school board must
submit to the education commissioner an annual
strategic school profile (SSP) with certain required data
(e.g., student performance and school resources) for
each of its schools and the district as a whole. The act
additionally requires the boards to submit, as part of
their SSP, data on (1) in-school and out-of-school
suspensions and expulsions and (2) school-based
arrests.
As a separate reporting requirement, the State
Department of Education (SDE) must disaggregate the
new data required under the act by school, race,
ethnicity, gender, age, disability status, English
language learner (ELL) status, free and reduced price
lunch eligibility, offense type, and number of arrests
made annually at each school. By law, an ELL student
is someone who a local or regional board of education
reports as such to SDE (CGS 10-76kk).
The act requires SDE to (1) report annually to the
State Board of Education on the disaggregation of the
data and make the report available to the public on
SDEs website and (2) include the disaggregated data of
school-based arrests in the statewide public school
information system (PSIS). PSIS, by law, already tracks
various data related to students, teachers, schools, and
district performance.
The act defines a school-based arrest as an arrest
of a student for conduct (1) on school property or (2) at
a school-sponsored event, which is a school activity
conducted on or off school property regardless of when
it takes place. A student is someone enrolled in a school
under the local or regional board of education
responsible for submitting his or her information for the
SSP.
EFFECTIVE DATE: July 1, 2015
BACKGROUND
Graduated-Response Model
The Juvenile Justice Advisory Committee, which
advises the governor on juvenile justice and
delinquency prevention, developed a model MOU for
use between districts and police departments. The
graduated-response model in its MOU contains
guidelines on classroom intervention; school
administrative intervention, assessment, and service
provision; and law enforcement intervention.

PA 15-176HB 6977 (VETOED)


Education Committee
AN ACT ESTABLISHING QUALIFICATIONS
FOR THE COMMISSIONER OF EDUCATION
SUMMARY: This act requires the state education
commissioner to be a qualified person holding a
masters or higher degree in an education-related field
with at least the following experience in a school or
district in Connecticut or another state: (1) five years as
a teacher and (2) three years as an administrator. Under
prior law, the commissioner was not required to hold a
degree or have any experience as a teacher or school
district administrator. By law, the selection process
requires the State Board of Education (SBE) to
recommend a commissioner candidate to the governor,
who then nominates the person and forwards the
nomination to the General Assembly for confirmation.
The commissioner serves as the head of the Education
Department, which is the administrative arm of SBE.
EFFECTIVE DATE: Upon passage

PA 15-177HB 6978
Education Committee
AN ACT REQUIRING THE COMMISSIONER OF
EDUCATION TO DEVELOP AND SUBMIT A
COMPREHENSIVE STATE-WIDE
INTERDISTRICT MAGNET SCHOOL PLAN
SUMMARY: This act extends, from January 1, 2011
to October 1, 2016, the deadline for the education
commissioner to develop and submit to the Education
Committee a comprehensive statewide plan for
interdistrict magnet schools. (PA 15-5, June Special
Session, 307 requires the commissioner to also submit
this report to the Appropriations Committee by the same
date.)
By law, and unchanged by the act, the
commissioner cannot accept applications to establish
new magnet schools outside the Sheff region until this
plan is developed. Applications for new magnet schools
within the Sheff region are not subject to this
moratorium.
EFFECTIVE DATE: July 1, 2015
BACKGROUND
Sheff Region
This region is named after a landmark public school
desegregation court case, Sheff v. ONeill (238 Conn. 1
(1996)). It encompasses Hartford and these surrounding
towns: Avon, Bloomfield, Canton, East Granby, East
Hartford, East Windsor, Ellington, Farmington,

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Glastonbury, Granby, Manchester, Newington, Rocky


Hill, Simsbury, South Windsor, Suffield, Vernon, West
Hartford, Wethersfield, Windsor, and Windsor Locks.
Settlement agreements subsequent to the Sheff
decision rely on voluntary desegregation methods with
towns in the Sheff region to reduce isolation for
Hartford resident minority students.

PA 15-189SB 1057
Education Committee
AN ACT CONCERNING THE DEVELOPMENT
OF A ROLLING THREE-YEAR CAPITAL
IMPROVEMENT AND CAPITAL EQUIPMENT
PLAN FOR THE TECHNICAL HIGH SCHOOL
SYSTEM
SUMMARY: This act requires the State Board of
Education to maintain a three-year, rather than fiveyear, rolling capital improvement and capital equipment
plan for the states technical high school system. By
law, this plan must identify:
1. alterations, renovations, and repairs each
technical high school is expected to need,
including grounds and athletic fields, heating
and ventilation systems, wiring, roofs, and
windows, and the cost of these improvements;
2. recommendations for, and the cost of, energy
efficiency improvements to each school; and
3. specific equipment each school is expected to
need, based on (a) the equipments estimated
cost, (b) the existing equipments useful life,
and (c) changing technology projections.
The technical high school system consists of stateoperated, regional public high schools that provide
hands-on experience in specific career areas, in addition
to the standard high school curriculum.
EFFECTIVE DATE: July 1, 2015

PA 15-215sHB 7023
Education Committee
Appropriations Committee
AN ACT CONCERNING VARIOUS REVISIONS
AND ADDITIONS TO THE EDUCATION
STATUTES
SUMMARY: This act makes numerous changes in the
education statutes, including:
1. decreasing the number of required hearing,
vision, and postural screenings for public
school students and adding a parental notice
requirement that applies when a student does
not receive the screening ( 4);

89

2.

granting agricultural science and technology


center (ag-science center) internship
providers civil liability immunity from students
and their parents or guardians for student
interns personal injuries, unless the injuries
are caused by the providers gross or willful
negligence ( 10);
3. specifying
that
the
required
union
representation on a
school
district's
professional development and evaluation
committee include at least one representative
chosen by each of the teachers' and
administrators' unions ( 11);
4. requiring the Connecticut Technical High
School System (CTHSS) board, rather than the
State Board of Education (SBE), to (a) adopt
its long-range plan and biennial report and (b)
maintain a rolling capital improvements plan
( 14 & 15);
5. modifying the
(a)
minimum budget
requirement, (b) calculation for net expenses,
and (c) teacher tenure law requirements for
newly formed regional school districts ( 1921); and
6. creating a process and requirements for the
selection and training of school employees who
administer anti-epileptic medications to
students ( 22).
The act makes numerous other minor changes to
the education statutes.
EFFECTIVE DATE: July 1, 2015, except for the
provisions regarding (1) indemnity, (2) appointments to
the administrator standards council, and (3) teacher
tenure, which are effective upon passage.
1-3 SPECIAL MASTER TITLE CHANGE
The act changes the title, from special master to
district improvement officer, of a person SBE assigns
to administer education operations in a low-performing
district and work collaboratively with the districts
board and superintendent (see BACKGROUND). Also,
it makes the same title change for a person the education
commissioner can appoint to implement a school
turnaround plan under the commissioners network of
schools program.
4 VISION, HEARING, AND POSTURAL
SCREENINGS
The act decreases the number of mandatory vision,
hearing, and postural screenings for public school
students. Table 1 lists the changes by screening and
grade. Under the act, vision and hearing screenings are
offered in the same five grammar school years.

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Table 1: Vision, Hearing, and Postural Screenings

Screening
Vision
Hearing

Grades Under Prior


Law
K-6, inclusive, & 9
K-3, inclusive, 5 & 8

Postural

5 9, inclusive

Grades Under the Act


K, 1, 3-5, inclusive
K, 1, 3-5, inclusive
Female students: 5 & 7
Male students: 8 or 9

By law, the school superintendent must provide


written notice to the parents of any student found to
have any impairment, disease, or defect of vision or
hearing or evidence of a postural problem. The act also
requires, in a case where a student does not receive a
screening, the superintendent to provide the parents with
a statement explaining why the screening did not take
place.
5 INDEMNITY FOR TEACHER MENTORS OR
REVIEWERS
The act extends the legal indemnity already given
to teachers, administrators, and others to teacher
mentors and teacher reviewers. This means these
employees are held harmless by their employer (e.g., a
board of education) from financial losses for acts or
omissions that cause death or injury to another person or
property if the employees acts were (1) not wanton,
reckless, or malicious and (2) within the scope of their
employment. Employers covered are local or regional
boards of education, the governing council of a charter
school, SBE, the Board of Regents for Higher Education
or the board of trustees of each state institution of higher
education, and each state agency that employs teachers.
6 ADMINISTRATOR PROFESSIONAL
STANDARDS COUNCIL
The act extends, from two to four years, the term
for future appointments to the Advisory Council for
School Administrator Professional Standards.
7 NATIONAL EXAM AS SUBSTITUTE FOR
CERTAIN STANDARD GRADUATION
REQUIREMENTS
Existing law requires the State Department of
Education (SDE) to establish a program that allows
boards of education to permit 11th and 12th grade
students to substitute certain evidence of academic
achievement for existing high school graduation
requirements in order to receive a high school diploma.
Under prior law, one of three required components was
a passing score on a national examination that SDE
determined. The act changes this to a nationally
recognized exam that SBE approves.

8 USE OF AG-SCIENCE CENTER FACILITIES


AND EQUIPMENT
The act specifies that for any ag-science center that
receives a state grant for its facilities or equipment, the
facilities or equipment must be used exclusively by the
ag-science center. An ag-science center is a regional
high school program, usually embedded in an existing
high school, which offers ag-science programs to more
than one school district.
9 MAGNET SCHOOL ENROLLMENT
NOTIFICATION
The act requires the parents or guardian of a student
who will enroll in a magnet school for the coming year
or of a student on a waiting list for a magnet school to
notify the students home school district of the
upcoming enrollment or waiting list status. This must be
done within two weeks after the magnet schools
enrollment lottery (usually held in March or April).
Enrollment lotteries are held when a magnet school has
more students interested in attending than it has
available seats. By law, a magnet school operator must,
by May 15, annually notify a students home district
about the student's enrollment in the magnet school for
the coming school year and the tuition cost to the
district.
10 AG-SCIENCE CENTER INTERNSHIP
PROVIDER LIABILITY IMMUNITY
The act grants to an ag-science center internship
provider immunity from civil liability for a student
interns personal injuries, as long as the provider
exercises reasonable care and complies with applicable
federal, state, and local safety and health standards and
industry codes. The immunity applies to ordinary
negligence but not to injuries caused by a providers
gross, reckless, willful, or wanton negligence.
To qualify for the immunity, an internship provider
must contract with (1) a local or regional board of
education that operates an ag-science center in order to
provide internships and (2) the board of education
otherwise responsible for educating the student intern.
The act defines an internship as a student interns
supervised practical training that includes curriculum
and workplace standards approved by SDE and the
labor department.
11 UNION REPRESENTATION ON TEACHER
EVALUATION COMMITTEES
The act specifies that the required union
representation on a school district's teacher professional
development and evaluation committee include at least
one representative from each of the teachers' and

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91

administrators' unions.

14 & 15 CTHSS

12 ADMINISTRATOR ALTERNATIVE ROUTE


TO CERTIFICATION (ARC) PROPOSALS

The act transfers several of SBEs duties related to


technical high schools to the CTHSS board and makes
conforming changes.
The act requires the CTHSS board, rather than
SBE, to adopt by January 1, 2020 and every five years
afterward, a long-range plan addressing the priorities
and goals of the CTHSS. The plan must address, among
other things, existing and potential trade programs and
activities related to capital improvements and
equipment. Upon adopting the plan, the CTHSS board
must file it directly with the Education; Finance,
Revenue and Bonding; and Appropriations committees.
The act requires the CTHSS board, rather than
SBE, to maintain a rolling capital improvement and
equipment plan and requires it to be a three-year, rather
than five-year, plan. The plan must also be directly
submitted to these same legislative committees.
The act requires the CTHSS board, rather than
SBE, to begin biennially preparing a summary report of
the technical high school system that was already
required by law and submit it to the Education
Committee. It sets a deadline for the first report as
January 1, 2017. By law, the report must include
demographic information on applicants, students, and
graduates for the previous two years and an assessment
of student outcomes. The report must (1) analyze the
enrollment at any school where the enrollment is less
than 70% of capacity; (2) include reasons for the
enrollment, such as the interest in the specific trade
programs; and (3) include a recommendation on steps to
improve enrollment or close the school. The board must
also, when preparing the report, provide an opportunity
for public comment.

The act broadens the criteria SDE must consider


when approving proposed administrator ARC programs
submitted by colleges or universities, boards of
education, regional educational service centers, or
administrator training organizations. Under prior law,
SDE could only approve such programs that required
applicants to have a minimum of 40 months teaching
experience with at least 10 of those months in a position
requiring certification at a public school in Connecticut
or another state. The act allows programs to accept
applicants who have less than 10 months teaching
experience in a public school in another state while
holding a professional certification, as long as they also
(1) provide a statement of justification for participation
in ARC and (2) receive approval from SDE to
participate in the program. Furthermore, the act
provides that participants with less than 10 months
certified teaching in another state can comprise no more
than 10% of the participants in the proposed ARC
program.
By law, any applicant must also meet the following
criteria to be eligible for the administrator ARC
program:
1. hold a bachelor's degree from an institution of
higher education accredited by the Board of
Regents for Higher Education, the Office of
Higher Education, or a regional accreditation
entity and
2. be recommended by an immediate supervisor
or district administrator on the basis of the
applicant's performance.

16 TECHNICAL CHANGE
13 SUPPLEMENTAL NUTRITION
ASSISTANCE PROGRAM (SNAP) NOTIFICATION
TO PARENTS OF STUDENTS
The act requires SDE, through local and regional
school districts, to provide information about how to
qualify for SNAP to public school students parents and
guardians.
The act requires SDE, by October 1, 2015 and in
consultation with the Department of Social Services, to
provide the following information about SNAP to local
and regional boards of education: (1) how to qualify for
the program, (2) where to obtain applications, and (3)
where to get help completing applications.
For the school year commencing July 1, 2015 and
each subsequent school year, each board of education
must provide a notice to students parents or guardians
with the SNAP information.

This section makes a technical change.


17 LIBRARY INTERNET ACCESS POLICY
The act specifically authorizes boards of education
to prescribe rules for Internet access and content at
school library media centers. By law, boards of
education must make rules for the control of school
library media centers under their jurisdiction.
18 CERTIFIED JUNIOR RESERVE OFFICER
TRAINING CORPS (JROTC) SHORTAGE HIRING
By law, a local or regional board of education may
employ a person certified by the United States armed
forces as a JROTC instructor or assistant instructor to
teach in a JROTC program at a public school without
obtaining the regular Connecticut teacher certification.
Under the act, if a board of education cannot find a

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EDUCATION COMMITTEE

JROTC-certified teacher, it may employ a person


enrolled in an armed forces JROTC instructor program
to teach the JROTC program at a public school.
19-21 NEW REGIONAL SCHOOL DISTRICTS
The act makes changes in education law in three
areas for newly formed regional school districts: (1) the
minimum budget requirement (MBR), (2) the
calculation for net expenses, and (3) teacher tenure law.
MBR
Under the act, the MBR requirement does not apply
during FYs 2015-16 and 2016-17 to member towns of a
regional school district during the first full fiscal year
after the regional district is established. The act
specifies the MBR requirement applies again after that
fiscal year. The MBR law requires towns to maintain
the level of education appropriations in their education
budget from one year to the next with limited ability to
reduce appropriated amounts due to circumstances such
as decreased enrollment. (PA 15-99 increases districts
ability to reduce their MBR in several ways.)
Net Expenses
The act adds an additional way for net expenses to
be calculated for the member towns of a regional school
district. Under prior law, the net expenses for each
member town could only be determined by the number
of students that each town sends to the school district.
As an alternative method, the act permits net expenses
to be determined according to an SBE-approved
agreement among the participating towns specifying
that if the payment by any member town deviates in an
amount greater than or equal to 1% of the amount called
for in the agreement, SBE must review and may
approve or reject the deviation.

22 ANTI-EPILEPTIC MEDICATION
ADMINISTRATION
The act creates a process and requirements for the
selection and training of school employees to administer
anti-epileptic medications to students.
Selection of Administering Employees
The act requires a schools nurse and medical
advisor (if any) to choose a qualified school employee
to administer anti-epileptic medication to a specific
student when the school nurse is absent or unavailable if
(1) the students parents or guardians give written
authorization and (2) a state-licensed physician gives a
written order approving the administration of the antiepileptic medication.
The act defines qualified school employee as a
principal, teacher, licensed athletic trainer, licensed
physical or occupational therapist employed by a school
district, coach, or school paraprofessional. When
administering the medication, this person is under the
school nurses general supervision.
Under the act, the designated employee may
administer the medication to a student with a medically
diagnosed epileptic condition requiring prompt
treatment in accordance with the students individual
seizure action plan.
Administration may include
delivery by rectal syringe. In order to be able to
administer the medication, the employee must:
1. annually complete SDEs anti-epileptic
medication administration training program, as
attested to in writing by the school nurse and
school medical advisor;
2. receive monthly reviews by the school nurse to
confirm his or her competency to administer
the medication; and
3. voluntarily agree to serve in this capacity.
Training of Administering Employees

Teacher Tenure
The act makes changes to teacher tenure law to
allow tenured teachers working for a local board of
education, or under a cooperative agreement pursuant to
state law, to be considered continuously employed with
no break in service when the school district joins a
regional school district. For teachers who are not
tenured but working for a local board or under a
cooperative arrangement when the school district joins a
regional school district, the act provides that the teacher
can count towards tenure the previous employment with
a local board or cooperative arrangement immediately
prior to employment by the regional board.

The act requires SDE to develop an anti-epileptic


medication administration training program in
consultation with the School Nurse Advisory Council
and the Association of School Nurses of Connecticut.
The program must include instruction in:
1. an overview of childhood epilepsy and types of
seizure disorders;
2. interpretation of an individual students
emergency seizure action plan and recognition
of the students seizure activity;
3. emergency management procedures for seizure
activity, including administration techniques
for emergency seizure medication;

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4.
5.
6.

when to activate emergency medical services


and post-seizure procedures and follow-up;
reporting procedures after a student needs such
delegated emergency seizure medication; and
any other relevant issues or topics related to
emergency interventions for students who
experience seizures.

BACKGROUND
Special Master Law
A 2011 law (PA 11-61) required SBE to assign a
special master to administer the Windham school
district's educational operations to help it achieve
adequate yearly progress in reading and mathematics as
required by the federal No Child Left Behind (NCLB)
Act. (The state is now operating under a federal waiver
from NCLB and, therefore, state measures of school and
district success have changed.)
Related Act
PA 15-189 also changes the CTHSS rolling capital
improvement plan from a five-year to a three-year plan.

PA 15-225sSB 1058
Education Committee
Judiciary Committee
Appropriations Committee
AN ACT CONCERNING CHRONIC
ABSENTEEISM
SUMMARY: This act requires local and regional
boards of education to monitor and address absenteeism
rates in schools. Specifically, it requires boards of
education to (1) establish attendance review teams for
their school district or individual schools when chronic
absenteeism rates reach a certain percentage and (2)
annually report to the education commissioner the
number of truant and chronically absent students for
each school and the entire district.
The act also requires the State Department of
Education (SDE), along with the Interagency Council
for
Ending
the
Achievement
Gap
(see
BACKGROUND), to develop a chronic absenteeism
prevention and intervention plan by January 1, 2016 for
local and regional school boards to use.
Finally, the act expands the childrens probate court
truancy clinics that, under prior law, were pilot
programs limited to the Waterbury and New Haven
probate courts. The act instead allows the probate court
administrator to establish truancy clinics without pilot
limitations within probate courts serving towns

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designated as alliance districts (see BACKGROUND).


The act makes several minor, conforming, and
technical changes.
EFFECTIVE DATE: July 1, 2015
ATTENDANCE REVIEW TEAMS
The act requires local and regional boards of
education to establish attendance review teams when
chronic absenteeism rates in the district or at individual
schools in the district reach a certain rate.
Terminology and Formulas
Under the act:
1. an absence means either an (a) excused,
unexcused, or disciplinary absence or (b) inschool suspension for at least half a school day
and
2. a chronically absent child means a child
whose total number of absences at any time
during a school year equals or exceeds 10% of
the total days the student has been enrolled
during that school year.
The act requires the State Board of Education to
define disciplinary absence by January 1, 2016 to help
boards of education comply with the act and calculate
district and school chronic absenteeism rates.
The act calculates chronic absenteeism rates
similarly for school districts and individual schools
within districts.
It calculates a district chronic
absenteeism rate by dividing the total number of
chronically absent children enrolled in a school district
in the previous school year by the total number of
children enrolled in the district during that time. It
calculates a school chronic absenteeism rate by
dividing the total number of chronically absent children
for a school in the previous school year by the total
number of children enrolled in the school for that time.
Establishment
Under the act, local or regional boards of education
must establish attendance teams under the following
circumstances:
1. a team for the district must be established when
the district chronic absenteeism rate is 10% or
higher;
2. a team for the school must be established when
the school chronic absenteeism rate is 15% or
higher; and
3. a team for either the district or each school
within the district must be established when (a)
more than one school in the district has a
school chronic absenteeism rate of 15% or
higher or (b) a district has a district chronic
absenteeism rate of 10% or higher and one or

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more schools in the district has a school


chronic absenteeism rate of 15% or higher.
Membership
Under the act, attendance review teams may consist
of school administrators, guidance counselors, school
social workers, teachers, chronically absent children and
their parents or guardians, and representatives of
community-based programs that address issues related
to student attendance by providing programs and
services to truants. By law, a truant is a child age five
to 18 who is enrolled in public or private school and has
(1) four unexcused school absences in a month or (2) 10
unexcused school absences in a school year.
Duties
The act requires attendance review teams to meet at
least monthly to (1) review the cases of truants and
chronically absent children, (2) discuss school
interventions and community referrals for truants and
chronically absent children, and (3) make any additional
recommendations for such children and their parents or
guardians.
REPORTING OF CHRONIC ABSENTEEISM
The act adds a new data element to school boards'
annual strategic school profile reports to the education
commissioner. It requires each local or regional board
of education to include in its profile the number of
truants and chronically absent children in each school
under its jurisdiction and in the entire district, which is
more specific than the general truancy data required
under prior law.
CHRONIC ABSENTEEISM PREVENTION AND
INTERVENTION PLAN
The act requires SDEs chronic absenteeism
prevention and intervention plan to include:
1. information
describing
(a)
chronic
absenteeism, including the definition of
chronically absent child and (b) causes of
chronic absenteeism, such as poverty, violence,
poor health, and lack of access to
transportation;
2. information about the effect of chronic
absenteeism on a students academic
performance;
3. a description of how family and school
partnerships with community resources, such
as family resource centers and youth service
bureaus, can reduce chronic absenteeism and
improve student attendance; and

4.

a means of collecting and analyzing data


relating to student attendance, truancy, and
chronic absenteeism.
The means for data collection and analysis should
be for:
1. disaggregating the data by school district,
school, grade, and subgroup, such as race,
ethnicity, gender, eligibility for free or reduced
price lunches, and students whose primary
language is not English and
2. assisting local and regional boards of education
in (a) tracking chronic absenteeism over
multiple years and for the current school year,
(b) developing indicators to identify students at
risk of being chronically absent, (c) monitoring
students attendance over time, and (d) making
adjustments to interventions as they are
implemented.
The act allows the plan to include:
1. a research-based, data-driven mentorship
model that addresses and attempts to reduce
chronic absenteeism using mentors, such as
students, teachers, administrators, intramural
and interscholastic athletic coaches, school
resource officers, and community partners and
2. incentives and rewards that recognize schools
and students that improve attendance and
reduce the school chronic absenteeism rate.
TRUANCY CLINICS
Establishment
The act expands the childrens probate court
truancy clinics that were pilot programs in the
Waterbury and New Haven probate courts under prior
law. It removes the pilot limitation and permits the
probate court administrator, within available
appropriations, to establish clinics within (1) regional
childrens probate courts serving a town designated as
an alliance district or (2) any probate court serving a
town designated as an alliance district that is not served
by a regional childrens probate court.
A truancy clinic is a non-judicial, voluntary,
nonpunitive proceeding involving the parent or guardian
of a student who is a truant or at risk of becoming a
truant.
Reporting
The act requires each probate court judge who
administers a truancy clinic to annually file a report
with the probate court administrator assessing the
effectiveness of each clinic in the judges respective
court. The first report is due September 1, 2015. Prior
law required such reports from the pilot program

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truancy clinics.
By law, the probate court administrator must report
to the Education and Judiciary committees by January 1,
2016 on the effectiveness of truancy clinics.
BACKGROUND
Interagency Council for Ending the Achievement Gap
This council is charged with helping the
Achievement Gap Task Force develop its master plan,
implement the provisions of the master plan, and submit
annual progress reports on plan implementation to the
Education Committee (CGS 10-16nn).
Alliance Districts
Alliance districts are the state's 30 lowest
performing school districts based on a performance
index. Districts must submit a plan for alliance district
funding, and state approval for the funds is based on
districts application plans (CGS 10-262u).

PA 15-227sSB 1101
Education Committee
AN ACT CONCERNING THE OFFICE OF
EARLY CHILDHOOD
SUMMARY: This act makes changes in the early
childhood statutes by:
1. expanding school readiness seat eligibility (
1 & 2);
2. revising the formula for calculating
competitive school readiness grants ( 2);
3. increasing the amount of unexpended school
readiness funds the early childhood
commissioner may spend on professional
development for early childhood care and
education program providers ( 3);
4. eliminating the requirement that school
readiness councils submit biennial reports to
the State Department of Education (SDE) on
the number and location of readiness spaces,
estimated number of unserved children, and
estimated cost of providing spaces to all
eligible children ( 5);
5. changing the Care 4 Kids child care subsidy
eligibility period from eight months to a period
prescribed by federal law ( 6);
6. eliminating the Office of Early Childhoods
(OEC) duty to send written notices on specific
topics to Care 4 Kids recipients and service
providers ( 6);

95

replacing statutory references to (a) day care


with child care and (b) OEC executive
director with commissioner ( 1, 7, 8, 15,
17, 20, 21 & 25);
8. allowing the OEC commissioner to waive
certain child care regulations during civil
preparedness or public health emergencies (
7 & 8);
9. allowing the OEC commissioner to renew
expired child care licenses within 30 days of
their expiration under certain conditions ( 8
& 21);
10. creating separate operating and capital grant
accounts for the Smart Start competitive grant
program ( 10 & 11);
11. requiring OEC to redesign the Smart Start
program as up-front grant payments rather than
expenditure reimbursements ( 12);
12. adding seven new members to the Early
Childhood Cabinet ( 13);
13. requiring the OEC commissioner to report
annually, rather than semiannually, to the
General Assembly on the Nurturing Families
Network ( 15);
14. allowing the OEC commissioner to resolve
disciplinary actions against child care or youth
camp providers using voluntary license
surrender ( 16 & 18);
15. allowing OEC to investigate and discipline
child care providers even if their license
expired within 18 months of the investigations
start ( 19);
16. shifting administration of the Even Start
Family
Literacy
Program
(see
BACKGROUND) from SDE to OEC ( 22);
17. renaming the kindergarten assessment tool
the kindergarten entrance inventory, which
OEC must develop under existing law, and
eliminating OECs duty to implement it (as
SDE, not OEC, implements kindergarten
initiatives) ( 26); and
18. repealing the law creating the Childrens Trust
Fund (see BACKGROUND) and the funds
and the Children Trust Fund Councils orders,
regulations, and contracts ( 27).
The act also makes numerous conforming and
technical changes and removes obsolete provisions.
EFFECTIVE DATE: July 1, 2015, except for the
sections concerning Smart Start operating and capital
grant accounts and Even Start, which are effective upon
passage.
7.

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1-5 & 9 SCHOOL READINESS

Eligibility Determination

The school readiness grant program funds full-day,


full-year spaces in accredited programs for three- and
four-year-olds (and five-year-olds who are ineligible to
enroll in public school or choose school readiness
instead, according to statute). It provides grants on a
competitive and non-competitive basis.

Under prior law, the OEC commissioner (1) had the


authority to make initial eight-month eligibility
determinations for Care 4 Kids subsidy applicants and
(2) could not make eligibility redeterminations until the
eight-month period had expired, unless she could
demonstrate, beginning July 1, 2014, that OEC had
overpaid more program benefits in comparison to the
2010 calendar year, in which case she could reduce the
redetermination period to six months.
The act changes the eligibility period, beginning
July 1, 2015, from eight months to a period prescribed
by federal law. (The reauthorized federal Child Care
Development Block Grant, which funds Care 4 Kids,
currently requires states to set redetermination at 12
months.)

Seat Eligibility
The act expands school readiness seat eligibility by
allowing programs to serve children who do not live in
the priority school district or former priority school
district where the program is located. Prior law required
that children live in one of these districts to be eligible
to attend their respective school readiness program (see
BACKGROUND).

Reporting Requirement

Grant Formula
The act also changes the method for calculating
competitive school readiness grants for towns or
regional school readiness councils. Under prior law,
such towns or a council could apply for grants of at least
$107,000 per priority school or town. The act instead
allows them to apply for grants equal to the number of
spaces multiplied by a $8,670 per-child cost amount.
(PA 15-5, June Special Session, 324, increased the
per-child amount to $8,927.)
Unexpended Grant Funds
Prior law permitted the OEC commissioner to use
up to $500,000 annually in unexpended school readiness
grant funds to provide professional development for
early childhood care and education program providers.
The act increases this amount to up to $1 million.
Existing law prioritizes use of unexpended school
readiness funds for, among other professional
development purposes, assisting early childhood
education program staff attending a state-accredited,
OEC-approved higher education institution. Previously,
the law allowed a maximum of $5,000 in assistance per
staff member per year for the cost of higher education
courses leading to a bachelors degree or, up until
December 31, 2015, an associates degree. The act
increases this assistance to $10,000 per staff member
per year.
6 CARE 4 KIDS
Care 4 Kids helps low- to moderate-income
families pay for child care costs. The act (1) links the
OEC commissioners Care 4 Kids eligibility
determinations and determination schedules to federal
law and (2) changes Care 4 Kids notice requirements.

The act eliminates the requirement that the OEC


commissioner annually report to the Human Services
and Appropriations committees about eligibility
determinations made on an eight-month basis. It does
not replace the reporting requirement with a new one
based on the new federal redetermination period.
Notice Requirements
The act also removes the requirement that OEC
provide written notice to Care 4 Kids subsidy recipients
and service providers when the office (1) closes the
program to new applications, (2) changes eligibility
requirements or program benefits, or (3) makes any
other change to the programs status or terms. By law,
OEC must continue to note such changes on its website.
7 & 8 CHILD CARE REGULATION WAIVERS
DURING EMERGENCIES
The act allows the OEC commissioner to waive the
provisions of any family child care home, child care
center, or group child care home regulation when the
governor declares a civil preparedness or public health
emergency, if doing so would not endanger the life,
health, or safety of any child (see BACKGROUND). It
requires the commissioner to prescribe the waivers
duration up to the declared emergencys duration.
The act also requires the commissioner to establish
(1) criteria for making a waiver request and (2)
conditions for granting or denying a waiver. It also
specifies that the processes that apply to child care
center license suspensions and revocations and initial
license application denials do not apply to waiver
request denials.

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8 & 21 EXPIRED CHILD CARE LICENSE


RENEWAL

annually. The act removes the January 1 reporting


requirement.

The act allows the OEC commissioner to renew a


family child care home license that has expired within
the last 30 days and whose operations have ceased, if
the renewal application is accompanied by the required
fee and immunization certification for enrolled children.
It allows similar renewals for expired child care centers
and group child care homes but does not condition them
upon cessation of operation or immunization
certification in these instances.

16 & 18 VOLUNTARY LICENSE


SURRENDER

10-12 SMART START COMPETITIVE GRANT


ACCOUNTS
The Smart Start program provides competitive
grants to school districts to establish or expand public
preschool programs. The act requires the grants to be
awarded up front, rather than as a reimbursement for
eligible expenses.
It also splits the Smart Start program into two
separate grant accounts rather than one. It creates the
non-lapsing operating grant account within the General
Fund, which by law receives $10 million annually in
disbursed funds from the Tobacco Settlement Fund for
FYs 16-25. It also creates the capital grant account,
which is a capital projects fund (i.e., a separate, nonappropriated account) containing amounts authorized by
the State Bond Commission.
13 EARLY CHILDHOOD CABINET
The act adds seven new members to the Early
Childhood Cabinet for a total of 29 members. It adds
four new gubernatorial appointees (for a total of eight),
who must include:
1. a Child Care and Development Block Grant
administrator,
2. an Individuals with Disabilities Education Act
Part B grant administrator,
3. an Elementary and Secondary Education Act
administrator, and
4. an education services coordinator for homeless
children and youth.
It also adds to the cabinet the following state
officials or their designees: the (1) lieutenant governor,
(2) housing commissioner, and (3) mental health and
addiction services commissioner.
15 NURTURING FAMILIES NETWORK
The act requires the OEC commissioner to report
annually, rather than semiannually, to the General
Assembly on the Nurturing Families Network (see
BACKGROUND).
Prior law required the
commissioner to report on January 1 and July 1

The act allows the OEC commissioner to resolve a


disciplinary action against a child care center, group
child care home, family child care home, or youth camp
by accepting the licensees voluntary surrender of a
license.
19 INVESTIGATION AND DISCIPLINE
REGARDLESS OF LICENSE EXPIRATION
The act allows the OEC commissioner to
investigate and discipline a child care center, group
child care home, family child care home, or youth camp
if it holds a license or has held a license from OEC
within 18 months prior to the start of the investigation
or discipline.
BACKGROUND
Even Start
This program provides grants to establish new, or
expand existing, local family literacy programs that
provide literacy services for children and their parents
or guardians (CGS 10-265n). It is a federal program
authorized under the No Child Left Behind Act (20
USC 6381, et seq.).
Childrens Trust Fund
The Children's Trust Fund subsidized (1) programs
aimed at preventing child abuse and neglect and (2)
family resource programs. The fund was administered
by the OEC commissioner under prior law (CGS 17b751).
Priority School District
A priority school district is targeted for additional
state educational assistance based on a formula that
identifies districts with the highest populations or
concentrations of students (1) receiving temporary
family assistance and (2) performing poorly on
statewide mastery exams (CGS 10-266p). There are
15 such districts.
A former priority district is one that no longer
qualifies for priority district status and whose priority
district grants are being phased out (CGS 10-16p).
Civil Preparedness and Public Health Emergencies
The law allows the governor to proclaim that a state
of civil preparedness emergency exists in the event of a

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serious disaster, enemy attack, sabotage, or other hostile


action.
This declaration allows the governor to
personally take direct operational control of any and all
parts of the states civil preparedness forces and
functions (CGS 28-9).
The law allows the governor to declare a public
health emergency in the event of a statewide or regional
public health emergency. The governor may order the
public health commissioner to implement all or some of
the public health emergency response plan, authorize
the commissioner to isolate or quarantine people, order
the commissioner to vaccinate people, apply for federal
assistance, or order the commissioner to suspend certain
license renewal and inspection functions during the
emergency period and for six months afterward (CGS
19a-131a).
Nurturing Families Network
The network seeks to reduce the abuse and neglect
of infants by enhancing parent-child relationships
through hospital-based assessment with home visitation
follow-up on infants and their families identified as high
risk.
Related Act
PA 15-5, June Special Session, 324 increased the
per-child amount for competitive school readiness
grants to $8,927, a greater amount than this act's perchild rate of $8,670.

PA 15-237sSB 1059
Education Committee
AN ACT CONCERNING HIGH SCHOOL
GRADUATION REQUIREMENTS
SUMMARY: This act delays, by one year,
implementation of the scheduled changes to the states
high school graduation requirements that were set to
apply to the 2020 graduating class (the class beginning
high school in fall 2016). Under the act, they apply to
the 2021 graduating class (the class beginning high
school in fall 2017).
Under the requirements, students must (1) earn 25,
rather than 20, credits to graduate from high school
(including an additional credit each in math and science
and a new two-credit world language requirement); (2)
pass end-of-year exams for Algebra I, Geometry,
Biology, American History, and 10th grade English; and
(3) complete a one-credit senior project in order to
graduate. The act also delays, by one year, the
requirement that school districts offer students support

and alternative ways to meet the new graduation


requirements if they are unable to meet them.
The act also creates a nine-member task force to
study (1) the alignment of the high school graduation
requirement changes with the Common Core State
Standards adopted by the State Board of Education
(SBE) (see BACKGROUND) and (2) the feasibility of
adding training in cardiopulmonary resuscitation (CPR)
as a high school graduation requirement. (PA 15-5, June
Special Session, 299, also requires the task force to
study the feasibility of substituting a students
participation in interscholastic athletics in place of the
physical education credit in order to satisfy the high
school graduation requirements.) The task force must
submit its report to the Education Committee by January
1, 2016.
The act also requires SBE to grant a student a
community service recognition award if he or she
satisfactorily completes at least 50 hours of community
service and meets statutory criteria to earn one-half
credit toward graduation.
EFFECTIVE DATE: July 1, 2015, except the task force
is effective upon passage.
TASK FORCE TO STUDY THE ALIGNMENT OF
THE NEW GRADUATION REQUIREMENTS TO
THE COMMON CORE STATE STANDARDS
The task force consists of the following members:
1. the education commissioner, or her designee;
2. one representative designated by each of the
following six associations: Connecticut
Association of Boards of Education,
Connecticut Association of Public School
Superintendents
(CAPSS),
Connecticut
Association
of
Schools,
Connecticut
Federation of School Administrators, the
Connecticut Education Association, and the
American Federation of Teachers-Connecticut;
and
3. two people selected by the education
commissioner, including teachers and any
other person the commissioner deems
appropriate.
All appointments must be made no later than July
30, 2015 (i.e., 30 days after the acts effective date).
Any vacancy must be filled by the appropriate
appointing authority.
The CAPSS representative serves as the
chairperson, and he or she must schedule the first task
force meeting no later than August 29, 2015 (i.e., 60
days after the acts effective date).
By January 1, 2016, the task force must submit its
report with findings and recommendations to the
Education Committee. The task force terminates on
January 1, 2016 or the day it submits its report,

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whichever is later.
BACKGROUND
Common Core State Standards
The Common Core State Standards are a set of K12 education standards for English language arts and
mathematics developed by the National Governors
Association and the Council of Chief State School
Officers. The standards, which most states have chosen
to adopt, seek to raise student achievement and provide
more uniform curricula and instruction among states.
The Connecticut State Board of Education adopted the
standards in July 2010.

PA 15-238sSB 1095
Education Committee
AN ACT CONCERNING STUDENT
ASSESSMENTS
SUMMARY: By law, public school students in certain
grades must take mastery examinations designed to
measure grade-appropriate skills in reading, writing,
math, and science. Under prior law, high school
students were required to take the examinations in 10 th
or 11th grade. The act eliminates the students option to
take the (1) reading, writing, and math examinations in
10th grade and (2) science examination in 11th grade.
Instead it specifies the reading, writing, and math
examinations must be in 11th grade and the science
examination in 10th grade. Also, students must take all
of these examinations during the regular school day.
In addition, the act requires the 11th grade reading,
writing, and math examinations to be (1) nationally
recognized college-readiness assessments, (2) paid for
by the State Board of Education (SBE), and (3)
administered by the examination provider under an
agreement with SBE (see below). By law, all mastery
examinations must be approved and provided by SBE
and measure grade-appropriate skills. (The federal No
Child Left Behind Act (NCLB) (P.L. 107-110) allows
the high school examinations to be given between
grades 10 and 12, inclusive.)
The act requires SBE, by January 1, 2016, to enter
into an agreement with a nationally recognized collegereadiness assessment provider to administer the 11 th
grade examination in Connecticut if certain conditions
are met, including federal approval.
The act establishes the Mastery Examination
Committee in the State Department of Education (SDE)
and specifies its membership and mission. The
committee must study various aspects of Connecticuts
mastery test system and report to the Education

99

Committee by February 15, 2016 and January 15, 2017.


EFFECTIVE DATE: (1) Upon passage for creation of
the examination committee; (2) upon passage and
applicable on and after the effective date of an
agreement between SBE and a nationally recognized
college-readiness 11th grade assessment provider for the
mastery examination statute changes, such as
eliminating the option of taking exams in 10th or 11th
grade; and (3) July 1, 2015 for the provision requiring
SBE to enter into an agreement with a provider for the
11th grade readiness examination.
MASTERY EXAMINATIONS
Under prior law, a student meeting or exceeding the
goal level on any 10th or 11th grade mastery examination
would have a certificate of mastery made part of his or
her permanent record and transcript. The act narrows
this to apply only to 11th grade examinations. The act
also deletes a provision that allowed each 10th or 11th
grade student who fails to meet the mastery goal level
on any mastery examination to annually take or retake it
when it is regularly administered until the student scores
at or above the state-wide mastery goal level, graduates,
or reaches age 21.
FEDERAL PERMISSION AND COLLEGEREADINESS ASSESSMENT PROVIDER
AGREEMENT
The act requires SBE, by January 1, 2016, to enter
into an agreement with a provider of a nationally
recognized college-readiness assessment to provide and
administer the 11th grade examination in Connecticut if
the following criteria are met:
1. it is permitted under NCLB or permission is
granted under the states NCLB waiver (see
BACKGROUND),
2. SBE consults with the Mastery Examination
Committee created under the act, and
3. the assessment offers accommodations for
students with disabilities or who are English
language learners.
MASTERY EXAMINATION COMMITTEE AND
REPORTS
The act establishes the Mastery Examination
Committee in SDE. Its members include:
1. the education commissioner and the Board of
Regents for Higher Education president, or
their respective designees;
2. one SBE representative;
3. one representative and one practitioner from
each of the following associations, designated
by the respective association: the Connecticut
Association of Boards of Education, the

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Connecticut Association of Schools, the


Connecticut Association of Public School
Superintendents, the Connecticut Education
Association, the Connecticut Parent Teacher
Association, and the American Federation of
Teachers-Connecticut; and
4. people the education commissioner selects,
including teachers, performance evaluation
process and systems experts, and others the
commissioner deems appropriate.
The act does not specify (1) how many people the
commissioner can appoint and (2) how a chairperson is
selected.
The committee must make the following reports to
the Education Committee: (1) an interim report by
February 15, 2016 and (2) a final report with findings
and recommendations by January 15, 2017. The
committee terminates when it submits its final report or
on January 15, 2017, whichever is later.
Areas of Study
Under the act, the committee must study:
1. the impact of the statewide mastery
examinations on teaching, students, and student
learning time;
2. administering the examination on computers
and other devices;
3. whether the examinations are an appropriate
student assessment;
4. the extent to which the mastery examinations
(a) respond to student needs, (b) offer
accommodations for students with disabilities
or who are English language learners, (c)
inform teachers of student progress, (d) align
with SBEadopted curriculum standards (e.g.,
the Common Core State Standards, adopted in
2010), and (e) comply with federal law;
5. the feasibility of decreasing the amount of time
required to complete the state-wide mastery
examination using alternative formats or
alternative methods of delivery; and
6. ways to facilitate timely communication
between SBE and local and regional boards of
education regarding the state-wide mastery
examination.
BACKGROUND
NCLB Waiver
In 2012, Connecticut applied for and was granted,
as were many other states, a waiver from certain aspects
of NCLB (e.g., federal sanctions when a states students
do not improve academic performance at the pace
required under NCLB). In order to receive the waiver,

the state had to agree to take a number of steps,


including specifying how it would (1) intervene in low
performing schools and school districts, (2) tie teacher
evaluation to student achievement, and (3) establish
college and career-ready standards for students.
Connecticut is applying for a three-year waiver
extension.

PA 15-239sSB 1096
Education Committee
Committee on Children
Appropriations Committee
AN ACT CONCERNING CHARTER SCHOOLS
SUMMARY: This act makes numerous changes to the
laws governing state and local charter schools by:
1. redesigning the State Board of Educations
(SBE) and the legislatures roles in the charter
school application approval process ( 2);
2. narrowing the definition of charter
management organization (CMO) to mean a
nonprofit, tax-exempt organization, rather than
any entity ( 1);
3. defining charter, which was previously
undefined in statute ( 1);
4. expanding SBEs duties in the charter renewal
process ( 2);
5. adding
SBE-developed
academic
and
organizational performance goals to initial
certificates and charters granted to charter
schools ( 2);
6. requiring each charter school governing
councils annual report to the education
commissioner to describe the schools progress
in meeting its charters academic and
organizational goals ( 3);
7. requiring the education commissioner to
monitor the auditor that she selects to audit one
randomly selected state charter school each
year, and requiring the auditor to be
independent ( 4);
8. requiring, beginning October 1, 2015, each
charter school governing council member to
complete training about governing council
responsibilities and best practices at least once
during the charters term ( 5);
9. requiring, beginning October 1, 2015, each
charter school governing council to adopt antinepotism and conflict of interest policies
aligned with state law and nonprofit corporate
governance best practices ( 5);
10. requiring each CMO, or governing council in
the absence of a CMO, to annually submit to
the education commissioner a (a) certified

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audit statement of revenues from public and


private sources and expenditures related to its
function as a CMO or charter school governing
council of a Connecticut charter school and (b)
complete copy of its most recent Internal
Revenue Service Form 990, with all its parts
and schedules, except for Schedule B ( 6);
11. requiring the education commissioner to post
online (a) any reports, certified audit
statements, or forms that CMOs or governing
councils submitted to the State Department of
Education (SDE) within 30 days of receipt and
(b) the names of any noncompliant CMOs or
governing councils within 30 days of failure of
receipt ( 7);
12. requiring, beginning July 1, 2015, various
individuals who manage or work in charter
schools to submit to criminal history and child
abuse records checks ( 8);
13. establishing a process that governing councils
must follow to make a material change in the
charter schools operation ( 9);
14. allowing a governing council to enter into a
contract for whole school management services
only with a CMO, and establishing new
guidelines for the establishment of these
contracts ( 10); and
15. requiring whole school management services
contracts to contain provisions about (a) record
sharing between the CMO and the governing
council who are parties to the contract and (b)
the Freedom of Information Act (FOIA)
disclosure requirements for these records (
11).
The act also makes conforming and technical
changes.
EFFECTIVE DATE: July 1, 2015
1 CHARTER DEFINITION
The act defines charter, which prior law did not
define. It creates a split definition for charters approved
before and after July 1, 2015. For those granted before
this date, the act defines charter as a charter for a local
or state charter school granted by SBE. For charters
granted or renewed on or after this date, the act defines
them as a contract between the governing council of a
charter school and SBE that sets forth both parties
roles, powers, responsibilities, and performance
expectations.
2 CHARTER SCHOOL APPLICATION
APPROVAL PROCESS
The act redesigns SBEs and the legislatures roles
in the charter school application approval process.

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Under prior law, SBE could grant charters to state and


local charter schools. The act removes this authority
from SBE and instead allows the board to grant charter
school operator applicants an initial certificate of
approval beginning July 1, 2015. The act allows SBE to
condition an initial certificates approval, rather than a
charter schools opening, upon the applicants
satisfaction of conditions the education commissioner
establishes. The initial certificate does not become a
charter until July 1 of the fiscal year in which the
legislature chooses to appropriate funds to SDE for
grants to the charter school (see below). The charter is
then valid for up to five years.
Initial Certificate Application
The act changes which entities may apply for an
initial certificate to operate a charter school. It allows
tax exempt nonprofit organizations to apply, in addition
to the following entities that may apply under existing
law: public or independent higher education institutions,
local or regional boards of education, two or more
boards of education cooperatively, or regional education
service centers.
It no longer allows people,
associations, corporations, or organizations to apply to
operate schools.
The act also adds new requirements to a
prospective charter schools initial certificate
application. First, it must include a plan to share student
learning practices and experiences with the local or
regional board of education of the town where the
proposed charter school is to be located.
Second, if a governing council intends to contract
with a CMO for whole school management services
(i.e., the financial, business, operational, and
administrative school functions), it must show evidence
of the CMOs ability to (1) serve student populations
that are similar to those who will be served by the
proposed charter school, (2) create strong academic
outcomes for students, and (3) successfully manage
nonacademic school functions.
The application also must contain a term sheet
that establishes the:
1. contracts length;
2. roles and responsibilities of the governing
council, staff, and CMO of the proposed
charter school;
3. scope of services and resources the CMO will
provide;
4. performance
evaluation
measures
and
timelines;
5. compensation structure, including a clear
identification of all fees to be paid to the CMO;
6. contract oversight and enforcement methods;
and

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EDUCATION COMMITTEE

7.

conditions for contract renewal and


termination.
Additionally, the application must contain (1)
evidence of compliance with the acts whole school
management services contracting provisions (see 10
below) and (2) a provision allowing the superintendent
of the district where the proposed school will be located
to choose a designee to participate in the establishment
of the schools governing council.
Application Approval Process
The act expands the factors SBE must consider
when deciding whether to grant an initial certificate to
include the (1) effect of the proposed charter school on
the states efforts to close achievement gaps and (2)
comments made at a public hearing that (a) the local or
regional school board holds in the district on the
proposed local charter school or (b) SBE holds in the
district where the proposed state charter school would
be located.
For proposed local charter schools, the act requires
the local or regional board of education for the district
where the proposed school would be located to vote on
its approval within 75, rather than 60, days after receipt
of the application. Then SBE has up to 60, rather than
75, days after the application's receipt to vote on
whether to grant an initial certificate for the proposed
local charter school.
Under the act, beginning July 1, 2015, any initial
certificate SBE approves for a local or state charter
school must include academic and organizational
performance goals developed by SBE that establish
performance indicators, measures, and metrics that SBE
will use to evaluate the school.
Also, the act specifies that an initial certificate for a
charter is not considered a license under the states
Uniform Administrative Procedure Act.
Legislative Approval
Under the act, after granting an initial certificate,
SBE must submit to the Education and Appropriation
committees a (1) copy of the initial certificate and (2)
summary of the comments made at the public hearing
described above. The initial certificate does not become
a charter until July 1 of the fiscal year in which the
legislature chooses to appropriate funds to SDE for
grants to the charter school, upon which it may be
effective for a term of up to five years.
2 CHARTER RENEWAL PROCESS
Under prior law, SBE could commission an
independent appraisal of a charter schools performance
as part of the charter application renewal process.
Beginning July 1, 2015, the act allows this appraisal to

include the schools progress in meeting the academic


and organizational performance goals established in the
charter previously granted to the charter school.
Prior law allowed SBE to deny a charter renewal
application for various reasons, such as insufficient
student progress or noncompliance with laws and
regulations. The act also allows SBE to deny a renewal
if:
1. the school has not complied with the terms of
the previously granted charter or
2. the schools governing council has not
provided evidence that it has initiated
substantive communication to share student
learning practices and experiences with the
local or regional board of education in the
district where it is located.
Beginning July 1, 2015, the act requires any charter
renewed by SBE to include the academic and
organizational performance goals developed by SBE,
which establish the performance indicators, measures,
and metrics that SBE will use to evaluate the school.
8 RECORDS CHECKS
Beginning July 1, 2015, the act requires certain
individuals who manage or work in charter schools to
submit to several types of records checks. Specifically,
it instructs SBE to require governing council and CMO
members to submit to Department of Children and
Families child abuse and neglect registry checks and
state and national criminal history records checks (1)
before SBE grants an initial certificate to the charter
school or (2) before the governing council or CMO
members are hired.
It also requires governing councils to require each
applicant for a position in local or state charter schools
and each contractor doing business with these schools,
who have direct student contact, to submit to the same
background checks before they are hired or begin to
perform service.
9 MATERIAL CHANGE IN CHARTER
SCHOOL OPERATIONS
The act requires governing councils to give SBE a
written request to amend the schools charter if they
want to make a material change in the charter schools
operations. It defines material change as a change
that fundamentally alters the schools mission,
organizational structure, or educational program,
including:
1. altering the educational model in a
fundamental way,
2. opening an additional school building,
3. contracting for or discontinuing a contract for
whole school management services with a

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CMO,
renaming the school,
changing the schools grade configurations, or
increasing or decreasing the schools total
student enrollment capacity by 20% or more.
Under the act, SBE must do the following when
deciding whether to grant a material change request: (1)
review the written request, (2) solicit and review
comments on the request from the local or regional
board of education of the town where the school is
located, and (3) vote on the request within 60 days after
receiving it or as part of the charter renewal process.
SBE may approve the material change by a
majority vote of voting members present at a regular or
special meeting called to (1) vote on the change or (2)
consider whether to renew the charter.
4.
5.
6.

10 WHOLE SCHOOL MANAGEMENT


SERVICES CONTRACTS
The act allows a charter school governing council
to enter into a contract for whole school management
services with only a CMO. Such a contract must (1)
align with state and federal law and regulations; (2) not
entail any financial or other conflicts of interest; and (3)
not amend, alter, or modify any charter provision. If the
contract conflicts with the charter terms, then the charter
terms must govern.
Under the act, a contract for whole school
management services must include:
1. the governing councils and CMOs roles and
responsibilities, including all services to be
provided under the contract;
2. performance measures, mechanisms, and
consequences by which the governing council
will hold the CMO accountable for
performance;
3. compensation to be paid to the CMO, including
all fees, bonuses, and a description of what the
compensation includes or requires;
4. financial reporting requirements and provisions
for the governing councils financial oversight;
5. a provision stating that Connecticut law must
be the controlling law for the contract;
6. a statement that the (a) CMO will share with
the governing council a copy of all records and
files related to its charter school administration,
including compensation the school paid to the
CMO and how the CMO spent this money, and
(b) governing council will disclose these
records and files in accordance with FOIA;
and
7. any other information that the education
commissioner requires to ensure compliance
with state laws that govern educational
opportunities.

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The act requires a governing council to submit any


whole school management services contracts with a
CMO to SBE for approval. When determining whether
to approve the contract, SBE must (1) review it, (2)
solicit and review comments about it from the local or
regional board of education for the town where the
charter school is located or is proposed, and (3) vote on
it within 60 days after receiving it.
SBE may approve the contract by a majority vote of
voting board members present at a regular or special
meeting of the board called for this purpose. The
contract cannot take effect unless SBE approves it. Any
governing council that enters into such a contract must
directly select, retain, and compensate the attorney,
accountant, or audit firm representing the governing
council.
Additionally, the act prohibits a governing council
from entering into any whole school management
services contract that would (1) reduce the governing
councils responsibility for operating the charter school
or (2) hinder the governing councils ability to
effectively supervise the charter school.
11 CMO RECORD SHARING
The act requires any contract for whole school
management services between a governing council and
CMO to include the following record sharing
provisions:
1. a statement that the governing council is
entitled to receive from the CMO a copy of all
records and files related to the charter schools
administration, including compensation that the
school paid to the CMO and how the CMO
spent this compensation, and
2. a statement indicating that these records and
files are subject to FOIA and may be disclosed
by the governing council under FOIA.
The act allows the governing council to redact from
disclosed records and files the personally identifiable
information of any bona fide, lawful donors who
requested redaction in writing. It also specifies that
requests for public disclosure of these records and files
(1) must be made to the governing council according to
FOIA and (2) that are denied may be brought to the
Freedom of Information Commission in accordance
with state law.

PA 15-243sHB 7021
Education Committee
AN ACT CONCERNING TEACHER
PREPARATION PROGRAM EFFICACY
SUMMARY: This act delays, from July 1, 2015 to July

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EDUCATION COMMITTEE

1, 2016, the requirement that all teacher preparation


programs in the state place their students in four
semesters of field work or clinical or student teaching
classroom experience. The act also requires that the
students gain this experience at (1) a school in a school
district in one of the five highest school district
reference groups (DRG) (nine groups of districts based
on factors such as family income and parental
occupation and education) and (2) a school in a district
in one of the four lowest DRGs.
The act also requires the State Department of
Education (SDE), beginning July 1, 2015, to annually
report on the quality of in-state teacher preparation
programs to the Education and Higher Education and
Employment Advancement committees.
EFFECTIVE DATE: July 1, 2015, except the teacher
preparation quality report provision is effective upon
passage.

2.
3.
4.

5.
6.

7.

CLASSROOM EXPERIENCE REQUIREMENT


DRGs are designations SDE uses to group school
districts with similar needs and socioeconomic
characteristics, based on factors including family
income, parental education and occupation, family
structure, poverty, and language spoken at home. The
nine DRGs have letter designations: A, B, C, D, E, F, G,
H, and I. For example, in SDEs description, DRG A
consists of nine affluent Fairfield County towns. SDE
last determined the DRG groupings in 2006.
The act requires that students in teacher preparation
programs obtain the four semesters of clinical, field, or
student teaching experience in (1) a school in a district
in DRGs A, B, C, D, or E and (2) a school in a district
in DRGs F, G, H, or I. The first group of DRGs includes
118 districts, and the second group includes 48 districts.
The act specifies that the clinical, field, or student
teaching experience can include a cooperating teacher
serving as a mentor to student teachers, as long as the
cooperating teacher received a proficient or
exemplary performance evaluation rating for the
previous school year. Under state teacher evaluation
law, teachers can receive, from highest to lowest, one of
four of the following ratings: (1) exemplary, (2)
proficient, (3) developing, and (4) below standard.
TEACHER PREPARATION QUALITY REPORT
Under the act, starting July 1, 2015, SDE must
annually submit a report on the quality of teacher
preparation programs offered at in-state higher
education institutions to the Education and Higher
Education and Employment Advancement committees.
The report must, at a minimum, include:
1. information and data on the extent to which the
teacher preparation programs graduates help

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their students learn, including data on the


academic achievement and progress of the
graduates students;
measures for assessing graduates classroom
teaching performance;
the graduates retention rates as teachers;
survey results from graduates and their
employers regarding the teacher preparation
programs;
graduate employment data relating to teaching
jobs;
certification issuance rates, including first-time
pass rates for graduates (presumably pass
rates are related to competency and subjectarea tests necessary for certification); and
recommendations on the recruitment of
minority teachers and administrators, as
defined in state law.

ENERGY AND TECHNOLOGY COMMITTEE


PA 15-12HB 6807
Energy and Technology Committee
AN ACT CONCERNING TECHNICAL
REVISIONS TO ENERGY AND TECHNOLOGY
STATUTES
SUMMARY: This act makes technical corrections and
eliminates an obsolete reference in statutes dealing with
energy and technology.
EFFECTIVE DATE: October 1, 2015

PA 15-21HB 6991
Energy and Technology Committee
AN ACT CONCERNING THE COMMERCIAL
PROPERTY ASSESSED CLEAN ENERGY
PROGRAM
SUMMARY:
This act allows third-party capital
providers to participate in the Connecticut Green Banks
commercial sustainable energy program, known as the
Commercial Property Assessed Clean Energy (CPACE) program. By law, the Green Bank provides
financing through the C-PACE program for energy
efficiency or renewable energy improvements on certain
commercial and industrial properties in participating
municipalities. The property owner repays the cost of
the improvements through an assessment on the
property, backed by a lien.
The act allows (1) third-party capital providers to
provide loans directly to property owners participating
in the C-PACE program and (2) the Green Bank to
encourage such loans in addition to, or instead of,
financing provided by the Green Bank. It also makes
various conforming changes to extend to the third-party
capital providers the C-PACE laws requirements for
financing agreements, procedure, notices and
disclosures, and rates. It does not extend to the thirdparty providers a provision that requires the Green Bank
to set interest rates at a level sufficient to pay the banks
financing and administrative costs for the program,
including delinquency costs.
Lastly, the act allows, instead of requires, the Green
Bank to establish a loan loss reserve or other credit
enhancement program for properties participating in the
C-PACE program.
EFFECTIVE DATE: Upon passage
C-PACE REQUIREMENTS EXTENDED TO THIRDPARTY CAPITAL PROVIDERS
The act extends to participating third-party capital
providers the C-PACE laws requirements for financing

105

agreements, procedure, notices and disclosures, and


rates. Among other things, this:
1. requires the Green Bank to require (a) an
energy audit or renewable energy system
feasibility analysis on a property that requests
C-PACE financing from a third-party provider,
(b) a participating municipality to levy a
benefit assessment on the property in an
amount that can pay for the
energy
improvements and associated costs that the
third-party provider determines will benefit the
property, and (c) the property owner to provide
written notice to any of the propertys existing
mortgage holders at least 30 days before the CPACE lien on the property is recorded;
2. allows a third-party provider to enter into a
financing agreement with the property owner
and, once the agreement is finalized, requires a
municipality to (a) place a caveat on the land
records indicating that a benefit assessment and
lien are anticipated or (b) levy the benefit
assessment and file the lien; and
3. requires a third-party provider to (a) set a fixed
or variable interest rate for repaying the benefit
assessment when the assessment is made and
(b) disclose to the property owner the costs and
risks associated with participating in the CPACE program, the benefit assessments
effective interest rate and administrative fees,
the risks associated with variable rate interest
financing, and the property owners right to
rescind the financing agreement within three
days after entering into it.

PA 15-89SB 569
Energy and Technology Committee
Public Health Committee
AN ACT CONCERNING SMALL COMMUNITY
WATER SYSTEMS
SUMMARY: This act allows the Public Utilities
Regulatory Authority (PURA), on its own initiative or
at the Department of Public Health commissioners
request, to investigate whether a small community water
systems rates are sufficient for the system to maintain
its economic viability and provide adequate service to
its customers. Under the act, small community water
systems are those that do not have to submit a water
supply plan (i.e., generally water companies that serve
fewer than 1,000 people or 250 buildings).
If appropriate, within 150 days after starting the
investigation, PURA must issue an order that prescribes
the appropriate (1) service the water system must
provide and (2) rates or charges needed to provide that

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ENERGY AND TECHNOLOGY COMMITTEE

service. If any interested party requests a hearing


during the investigation, PURA must provide notice to
all parties and hold a hearing within 30 days after
receiving the request. If it holds a hearing, the act
provides commensurate additional time for PURA to
issue an order as described above.
Before issuing an order raising rates or charges for
a systems customers, the act requires PURA, in
consultation with the Office of Consumer Counsel and
attorney general, to consider the financial impact the
rate increase may have on the systems ratepayers. If
the rate increase is 100% or more, it must be phased in
over a two-year period.
EFFECTIVE DATE: Upon passage

PA 15-90sSB 573
Energy and Technology Committee
AN ACT CONCERNING VARIABLE ELECTRIC
RATES
SUMMARY: Starting October 1, 2015, this act
prohibits retail electric suppliers from (1) entering into
variable rate contracts for residential electric generation
services or (2) automatically renewing or causing
automatic renewal of such contracts. The act specifies
that a residential customer is one who contracts with a
supplier for generation services at residential premises
for domestic purposes only. The definition also applies
to provisions under existing law that, among other
things, (1) require suppliers serving such customers to
meet certain notice requirements and (2) limit the early
cancellation fees that suppliers may charge to such
customers.
The act requires the Public Utilities Regulatory
Authority (PURA), by October 1, 2015, to begin a
proceeding to develop recommendations and guidance
on (1) the type of rate structure best suited for
residential customers who allow a fixed contract with a
supplier to expire and begin paying a month-to-month
rate and (2) what rate increase is just and reasonable
under these circumstances. (PA 15-5, June Special
Session, 108, requires PURAs recommendations and
guidance to be about what changes customers in these
circumstances may experience regarding their rates and
the terms and conditions of their service, instead of what
rate increase is just and reasonable.) PURA must report
its findings to the Energy and Technology Committee
by January 1, 2016.
The law, unchanged by the act, allows suppliers to
charge residential customers a month-to-month variable
rate after their contract expires if they meet certain
notice requirements and other conditions.
EFFECTIVE DATE: Upon passage

PA 15-107sSB 1078
Energy and Technology Committee
AN ACT CONCERNING AFFORDABLE AND
RELIABLE ENERGY
SUMMARY: This act allows the Department of
Energy and Environmental Protection (DEEP)
commissioner, in consultation with others, to solicit
proposals from providers of energy and energy-related
products and services and direct the electric companies
to (1) enter into long-term agreements with these
providers, subject to the Public Utility Regulatory
Authoritys (PURA) review and approval and (2)
recover related costs and credit certain revenues,
through a component of ratepayer electric bills. It
specifies three categories for solicitations:
1. demand response measures and smaller
renewable energy sources;
2. larger renewable energy sources and
hydropower; and
3. natural gas resources.
It also allows the commissioner to seek proposals
for energy storage, Class II renewable energy sources
(see BACKGROUND), and existing hydropower in
certain circumstances.
The act allows the commissioner to hire consultants
to help evaluate proposals. If he finds proposals to be in
the ratepayers best interests, he may select one or more
of them and direct the electric companies to enter into
long-term contracts with energy providers. The act
allows DEEP to recover from ratepayers certain costs
associated with consultants and other reasonable costs
associated with its solicitation and evaluation of
proposals.
The act limits (1) all contract terms to 20 years; (2)
selected proposals for demand response, renewable
resources, and hydropower, in the aggregate, to 10% of
the total load served by the states electric companies;
and (3) the total aggregate capacity of selected
contracts.
EFFECTIVE DATE: Upon passage
RESOURCE TYPES
The act allows the DEEP commissioner to solicit
proposals for multiple long-term contracts to (1) secure
cost effective resources to provide more reliable electric
service for the states electric ratepayers and (2) meet
goals and policies established in the states integrated
resources plan (IRP) and comprehensive energy strategy
(CES). It establishes three categories and specifies the
types of proposals that the commissioner must solicit in
each category.

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ENERGY AND TECHNOLOGY COMMITTEE

Demand Response Measures and Small Renewable


Sources
For solicitations for demand response measures and
smaller renewable resources, the commissioner must
seek proposals for (1) Class I renewable energy sources
(e.g., solar or wind power) and Class III source projects
(e.g., combined heat and power) with a capacity
between two and 20 megawatts and (2) passive demand
response measures capable of reducing electric demand
by at least one megawatt, including energy efficiency,
load management, and the states conservation and load
management programs. The act requires electric
companies to consult with the Energy Conservation
Management Board (i.e., the Energy Efficiency Board)
to assess the feasibility of submitting a proposal for
passive demand response measures that are in addition
to existing and projected demand reductions obtained
through the conservation and load management
programs.
The act allows the commissioner to also seek
proposals for energy storage systems of up to 20
megawatts. Under the act, an energy storage system is
any commercially available technology capable of
absorbing energy and storing it for a period of time
before dispatching it. It must be capable of:
1. using mechanical, chemical, or thermal
processes to store electricity generated at one
time for use at a later time;
2. storing thermal energy for direct use for
heating or cooling at a later time, avoiding the
need to use electricity;
3. using mechanical, chemical, or thermal
processes to store electricity generated from
renewable energy sources for use at a later
time; or
4. using mechanical, chemical, or thermal
processes to capture waste electricity generated
from mechanical processes and store it for
delivery at a later time.
Large Renewable Energy Sources and Hydropower
For solicitations for large renewable energy sources
and hydropower, the commissioner must seek proposals
for (1) Class I renewable energy sources with capacity
of at least 20 megawatts and (2) verifiable large-scale
hydropower. These proposals must include associated
transmission (i.e., use of high-voltage lines to carry
electricity from where it is generated to local
substations).
The act also allows him to seek proposals for
energy storage systems of at least 20 megawatts. He
may also seek proposals for Class II renewable energy
sources and certain existing hydropower resources to
balance the delivery of Class I renewable energy

107

sources (which may be intermittent) and improve the


economic viability of such proposals. Existing
hydropower resources used for this purpose must not be
considered large-scale, Class I, or Class II. Class II
renewable energy sources and hydropower resources
must be interconnected to associated transmission and
either be (1) located in the control area of the regional
independent system operator (generally, New England)
or (2) imported from an adjacent regional independent
system operators control area.
Natural Gas Resources
For natural gas resources, the commissioner must
solicit proposals for:
1. interstate natural gas transportation capacity,
2. liquefied natural gas,
3. liquefied natural gas storage,
4. natural gas storage, or
5. any combination of such resources.
Such proposals must provide incremental capacity,
gas, or storage with a firm delivery capability to
transport natural gas to natural gas-fired generating
facilities located in the control area of the regional
independent system operator.
SOLICITATION PROCESS
Issuance and Evaluation
DEEP must consult with (1) PURAs procurement
manager, (2) the Office of Consumer Council, and (3)
the attorney general when soliciting proposals and
evaluating any proposals it receives. It may issue
solicitations on behalf of Connecticut alone or in
coordination with other New England states.
The commissioner must base the evaluation on
factors including:
1. reliability improvements to the electric system,
including during peak demand;
2. whether the proposals benefits outweigh the
cost to ratepayers;
3. fuel diversity;
4. the extent to which the proposal meets
requirements to reduce greenhouse gas
emissions and improve air quality, including
the states renewable portfolio standard;
5. the ratepayers best interests; and
6. alignment with IRP and CES policy goals,
including environmental impact.
DEEP (1) must compare a proposals costs and
benefits to those of other resources eligible to respond
to DEEPs solicitations authorized under the act and (2)
may also consider economic benefits to the state.
The act allows the commissioner to hire consultants
with expertise in (1) quantitative modeling of electric

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ENERGY AND TECHNOLOGY COMMITTEE

and gas markets and (2) physical gas and electric system
modeling, as applicable, to assist with solicitations,
including proposal evaluation. Under the act, DEEP
may recover reasonable costs of up to $1.5 million
associated with solicitation and evaluation process
through the non-bypassable federally mandated
congestion charge, even if DEEP selects no proposals.
Federally mandated congestion charges are generally
collected on electricity bills to cover certain costs
approved by the Federal Energy Regulatory
Commission (FERC) and other costs approved by
PURA. Customers must pay non-bypassable charges
regardless of whether they choose a retail energy
supplier, as these charges are considered reliability
related.
Selection and Approval
If the commissioner finds proposals authorized by
the act to be in ratepayers best interests, he may select
one or more proposals and direct the electric companies
to enter into long-term contracts with the selected
providers. Under the act, the contracts may be for:
1. passive demand response measures,
2. electricity,
3. electric capacity,
4. environmental attributes,
5. interstate natural gas transportation capacity,
6. liquefied natural gas,
7. liquefied natural gas storage,
8. natural gas storage,
9. energy storage, or
10. any combination of such measures.
The act limits the total aggregate capacity of the
selected contracts to 375 million cubic feet per day of
natural gas capacity or the equivalent megawatts of any
combination of electricity and electric demand
reduction. (The conversion rate of cubic feet per day to
megawatts is unclear.) The act also limits selected
proposals for demand response, renewable resources,
and hydropower, in the aggregate, to 10% of the total
load served by the states electric companies.
Under the act, PURA must review and approve any
agreement entered into as a result of a proposal. Electric
companies must file an application with PURA for
approval of any agreement, and PURA must approve it
if it is cost effective and in electric ratepayers best
interests. If PURA does not issue a decision within 90
days, the agreement is deemed approved.
The electric companies must recover certain costs
from ratepayers and credit ratepayers for certain
revenue. Specifically, they must, through a fully
reconciling component of electric rates for all the
electric companys customers, (1) recover net costs on a
timely basis, including costs incurred under the
agreement and reasonable costs incurred in connection

with the agreement, and (2) credit customers for any net
revenue from the sale of products purchased in
accordance with long-term contracts authorized by the
act. The act allows the electric companies to contract
with a gas supply manager to sell natural gas products
procured as a result of long-term contracts into the
wholesale energy markets at the best available rates and
in compliance with FERC regulations.
RENEWABLE ENERGY CERTIFICATES
The act allows electric companies to sell any
renewable energy certificates (REC) for any Class I
renewable energy sources or Class III sources procured
through solicitations authorized by the act to suppliers
or other electric companies in the New England Power
Pool Generation Information System renewable energy
credit market so that these suppliers or companies may
meet the states renewable portfolio requirement. The
electric company must credit the revenue of any REC
sales to its customers. The act also allows the electric
companies to retain such RECs to meet renewable
portfolio requirements. The act requires the electric
companies to choose whether to sell or retain RECs
based on the best interests of the companys ratepayers.
BACKGROUND
Class II Renewable Energy Sources
By law, Class II renewable energy sources include
energy derived from (1) trash-to-energy facilities, (2)
certain biomass facilities, and (3) certain hydropower
facilities not included as Class I resources and with a
capacity of up to five megawatts (CGS 16-1(a)(21)).

PA 15-113sSB 928
Energy and Technology Committee
Environment Committee
AN ACT ESTABLISHING A SHARED CLEAN
ENERGY FACILITY PILOT PROGRAM
SUMMARY: This act requires the Department of
Energy and Environmental Protection (DEEP), in
consultation with the electric distribution companies
(EDCs, i.e., Eversource and United Illuminating), to
establish a two-year pilot program to support the
development of shared clean energy facilities. In
general, a shared clean energy facility under the act is
a clean energy-powered electricity generating facility to
which customers subscribe for a (1) percentage interest
in the total amount of electricity produced or (2) set
amount of electricity produced. The subscribers share
of the electricity produced is then used to offset the

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subscribers electric costs at another billing meter


identified by the subscriber.
The act requires DEEP, by January 1, 2016, to
develop and issue a request for proposals (RFP) to
develop shared clean energy facilities from entities that
own or operate such facilities to benefit subscribers or
contract with third parties to build, own, or operate
them. Under the RFP, DEEP must select a project or
projects with a total nameplate capacity rating (i.e.,
generating capacity) of up to six megawatts (MW),
including up to:
1. two MW in the service area of an EDC that
serves 17 or fewer cities and towns (United
Illuminating) and
2. four MW in the service area of an EDC that
serves more than 17 cities and towns
(Eversource).
Under the act, DEEP must establish (1) a billing
credit for the facilities subscribers and (2) consumer
protections for subscribers and potential subscribers that
at least include disclosures that must be made when
selling or reselling a subscription.
Each award recipient must submit reports with
information on its facilitys status to DEEP and the
Energy and Technology Committee within one year
after being awarded a project and then annually for the
next two years. By January 1, 2018, DEEP must file a
report with the Energy and Technology Committee that
(1) analyzes the pilot programs success; (2) identifies
and analyzes the success of similar programs in other
states; and (3) recommends whether to establish a
permanent program, and if so, any necessary legislation.
EFFECTIVE DATE: October 1, 2015

meters identified by its subscribers.

SHARED CLEAN ENERGY FACILITIES &


SUBSCRIBERS

AN ACT CONCERNING ANAEROBIC


DIGESTION

Under the act, shared clean energy facilities are


Class I renewable energy sources that (1) are served by
an EDC, (2) have a nameplate capacity rating of four
MW or less, and (3) have at least two subscribers. By
law, a Class I renewable energy source is electricity
derived from, among other things, solar power, wind
power, fuel cells, landfill methane gas, anaerobic
digestion or other biogas, and certain run-of-the-river
hydropower facilities.
Under the act, a shared facilitys subscriber must be
an EDCs in-state retail end user who has (1) contracted
for a subscription and (2) identified an individual billing
meter within the EDCs service territory to which their
subscription will be attributed (i.e., their share of
electricity produced at the shared facility will be used to
offset costs at this meter). Individual billing meters can
include a set of electric meters that are combined for
billing purposes. A shared facility must be in the same
EDC service territory as all of the individual billing

SUMMARY: This act extends, by two years, the


Connecticut Green Banks anaerobic digestion pilot
program. The program supports sustainable practices of
Connecticut farms and other businesses by using
organic waste with on-site anaerobic digestion facilities
to generate electricity and heat. Under prior law, the
Green Bank had to report to the Energy and Technology
Committee, by January 1, 2016, on the program and
whether it should continue. The act extends the
reporting deadline by two years, to January 1, 2018.
The act also makes technical changes to reflect that
PA 14-94 renamed the Clean Energy Finance and
Investment Authority as the Connecticut Green Bank.
EFFECTIVE DATE: Upon passage

PA 15-135SB 575
Energy and Technology Committee
AN ACT CONCERNING ELECTRIC RATE
TRANSPARENCY
SUMMARY: This act increases the number of off-site
hearings that the Public Utilities Regulatory Authority
(PURA) must hold on matters involving changes to an
electric distribution companys (i.e., Eversource and
United Illuminating) rates, charges, or public
accommodation (i.e., rate cases). Prior law required
PURA to hold at least one rate case hearing in a town
within a subject companys service area. The act
instead requires hearings in at least (1) two towns for a
company that serves 17 or fewer towns (United
Illuminating) and (2) three towns for a company that
serves more than 17 towns (Eversource).
As under existing law, (1) the towns selected to
host the hearings must be within the subject companys
service area and as convenient as practicable to the
people affected by the rate case; (2) PURA must hold a
rate case hearing in the evening if at least 25 people
petition for it; and (3) PURA may hold the rest of its
hearings, if any, anywhere in the state.
EFFECTIVE DATE: October 1, 2015

PA 15-152HB 6020
Energy and Technology Committee

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BACKGROUND
Anaerobic Digestion Pilot Program
The Green Banks assistance under the program can
take the form of loans, grants, or power purchase
agreements. It may approve up to five projects, each
with a maximum (1) size of three megawatts and (2)
cost of $450 per kilowatt.
The bank must allocate $2 million annually from
the Clean Energy Fund for the program. The Clean
Energy Fund receives funds through a charge to
ratepayers.
Anaerobic Digesters
Anaerobic digesters convert manure or other
organic products into methane, the principal component
of natural gas. The methane can be used for heating or
electricity generation, among other things.

PA 15-178sHB 6984
Energy and Technology Committee
AN ACT CONCERNING REVENUE
ADJUSTMENT CHARGES FOR WATER
COMPANIES
SUMMARY: This act extends the potential duration of
the revenue adjustment mechanism (RAM) that the
Public Utilities Regulatory Authority (PURA) approves
for PURA-regulated water companies between a
companys general rate cases. In general, a RAM
allows a company to annually adjust rates to reconcile
any difference between its PURA-approved revenue and
its actual revenue without going through a full rate case
proceeding each year (e.g., if a company earns less than
PURA allowed it to earn, a RAM adjusts the next years
rates to make up the difference). The law allows these
water companies to implement a RAM between rate
cases under certain limited circumstances.
Under prior law, when PURA approved a RAM
between rate cases, it had to annually reauthorize the
RAM until the earlier of (1) six years after the
companys last rate case or (2) the companys next rate
case (at which point, the rates are adjusted to provide
the companys approved revenue, and a new RAM can
be approved at the companys request). The act instead
requires annual reauthorizations until the later of the
sixth year after the company:
1. filed its last rate case;
2. initially established a RAM; or
3. had a prior rate case reopened and PURA
either (a) reset rate levels, (b) rolled Water
Infrastructure and Conservation Adjustment

surcharges into base rates, or (c) made other


authorized rate changes under a settlement
agreement or other action.
After the six-year period, the act allows PURA to
extend the companys RAM for an additional three
years at the companys request. A company seeking an
extension must file a request at least 90 days before its
RAM expires, and PURA must act on the request in an
uncontested proceeding before the RAM expires.
EFFECTIVE DATE: October 1, 2015

PA 15-180sHB 6994
Energy and Technology Committee
AN ACT CONCERNING SERVICE PIPES OF
WATER COMPANIES
SUMMARY: This act allows water companies
regulated by the Public Utilities Regulatory Authority
(PURA) to approve a property owners application to
install a service pipe that extends to the owners
dwelling by crossing intervening properties. (In general,
service pipes connect the companys water main to the
point of consumption.) Current regulations specify how
service pipes must be sited and generally prohibit
extensions from crossing intervening properties unless
PURA approves an exception under certain conditions
(Conn. Agencies Reg. 16-11-64). The act codifies
these siting regulations and allows a water company to
approve the exception under substantially similar
conditions.
Under the act, the water company must notify
PURA of the propertys location once it approves an
application for an exception. In addition, a property
owner, or a water company on behalf of the property
owner, may file a request for an exception with PURA
if the property owner (1) cannot meet the required
conditions in his or her application to the water
company or (2) disputes the water companys decision.
EFFECTIVE DATE: October 1, 2015
SERVICE PIPE EXTENSIONS
Siting Requirements
The act codifies regulations that require water
service pipes to extend through the point on a
customers property line or the street line that is easiest
for the water company to access from its existing
distribution system. Where practicable, service pipes
must be at right angles to the existing water main in
front of the premises to be served. Unless the water
company or PURA grants an exception, service pipes
must not cross intervening properties or operate instead
of a proper water main extension running in the street

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and fronting the property. The water company may


approve or disapprove a service pipes proposed
location.

111

holding the meeting.


They must notify affected
property owners and publish notice of the meeting in a
newspaper of general circulation in the municipality.
EFFECTIVE DATE: October 1, 2015

Intervening Property Exception


Under the act, a water company may grant a
property owners written request for a service pipe to
cross intervening properties if (1) proper easements are
in place, (2) the construction complies with the
companys rules and regulations, and (3) there is
adequate water pressure to serve the property. The
property owner may request an exception only under
very exceptional hardship circumstances and on a caseby-case basis. He or she must provide documentation to
demonstrate that the proposed service pipe will
ultimately serve only one premises, otherwise a water
main extension must be installed.
The act specifies that the following are not
sufficient causes for granting an exception:
1. the property owner intends to avoid the time
and expense of a proper main and service pipe
extension or other reasonable engineering
solution that conforms to good engineering
practice standards,
2. the property owner intends to continue an
existing nonconforming condition by extending
or replacing an existing nonconforming service
pipe, or
3. a proposed easement lacks sufficient evidence
that an alternative ownership of a suitable strip
of land for road frontage is infeasible.

PA 15-186sSB 568
Energy and Technology Committee
Planning and Development Committee
AN ACT CONCERNING PUBLIC
INFORMATION MEETINGS REGARDING
TELECOMMUNICATION TOWERS
SUMMARY:
This act requires developers of
telecommunication towers to pay all administrative
expenses of public information meetings held by
municipalities that may be affected by the location of a
tower.
By law, at least 90 days before filing an application
with the Siting Council to approve a towers location,
the developer must consult with any (1) municipality
identified as the primary or alternate location of a
proposed tower and (2) adjoining municipality within
2,500 feet of the tower. A consulted municipality may
hold a public information meeting on the proposed
tower within 60 days after the consultation. By law,
developers must cooperate with the municipality

PA 15-194HB 6838
Energy and Technology Committee
AN ACT CONCERNING THE
ENCOURAGEMENT OF LOCAL ECONOMIC
DEVELOPMENT AND ACCESS TO
RESIDENTIAL RENEWABLE ENERGY
SUMMARY: This act expands the Connecticut Green
Banks residential solar investment program and
standardizes certain steps in the municipal permitting
process for installing residential solar systems.
Regarding the solar investment program, the act:
1. allows the program to support up to 300
megawatts (MW) of new residential solar
photovoltaic (PV) installations by the end of
2022, instead of requiring it to provide at least
30 MW of PV installations by that time;
2. requires the program to end on the earlier of
December 31, 2022 or when it achieves 300
MW of installations;
3. creates solar home renewable energy credits
(SHRECs) which are owned by the Green
Bank and generated when certain residential
PV systems produce electricity;
4. requires electric distribution companies (EDCs,
i.e., Eversource and United Illuminating) to
purchase SHRECs from the Green Bank under
a master purchase agreement negotiated
between each EDC and the Green Bank;
5. expands the programs funding sources to
include proceeds from the Green Banks sale of
SHRECs to the EDCs; and
6. allows the EDCs to recover their costs for
purchasing the SHRECs through a reconciling
(adjustable) component of their electric rates,
as determined by the Public Utilities
Regulatory Authority (PURA).
Regarding the municipal permitting process, the act
requires each municipality, by January 1, 2016, to (1)
incorporate residential solar PV systems in its building
permit application process or (2) use a residential solar
PV system permit application supplement. It also
requires municipalities to inform a permit applicant
whether the application is approved or disapproved
within 30 days of receiving an application.
The act also requires the Green Bank, in
consultation with the state building inspector, to
implement a residential solar PV system permit training

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ENERGY AND TECHNOLOGY COMMITTEE

seminar for municipal officials developing a permitting


process.
Lastly, it makes minor, technical, and conforming
changes.
EFFECTIVE DATE: Upon passage, except the
provisions on municipal permitting are effective
October 1, 2015.
RESIDENTIAL SOLAR INVESTMENT PROGRAM
By law, the Green Banks residential solar
investment program offers financial incentives for
purchasing or leasing certain residential solar PV
systems. The incentives are either (1) performancebased incentives paid out on a per kilowatt-hour (kWh)
basis for the electricity the system produces or (2)
expected performance-based buy downs that are a onetime upfront payment based on the systems expected
performance.
The law provides these incentives for qualifying
residential solar PV systems. The act specifies that
these systems are solar PV projects that:
1. receive funding from the Green Bank,
2. are certified by PURA as Class I renewable
energy sources,
3. emit no pollutants,
4. generate less than 20 kilowatts (KW),
5. are on the customer-side of a one- to fourfamily homes revenue meter, and
6. serve an EDCs distribution system.
Prior law required the program to result in at least
30 MW of new residential PV systems by December 31,
2022. The act instead (1) requires the program to
support the deployment of up to 300 MW of systems by
that date and (2) terminates the program on either that
date or when the program reaches the 300 MW cap,
whichever occurs first. It also prohibits the bank from
approving incentives for more than 100 MW of new
systems between July 2, 2015 and April 1, 2016.
The law allows the Green Bank to fund the program
with up to one-third of the funds annually collected
through the charge on electric bills that supports the
Clean Energy Fund, plus any available federal funding.
The act requires the bank to also fund the program with
all of the revenue it receives from the sale of SHRECs,
which the act creates.
Prior law required the renewable energy produced
from one of the programs PV systems to be applied
toward the EDCs renewable portfolio standard
requirements (RPS, a requirement to obtain a certain
percentage of their energy from renewable energy
sources) if the system received tariff payments or was
included in utility rates. The act eliminates this
requirement once the master purchase agreement is
approved and instead allows the EDCs to either retire
the SHRECs they must purchase under the act to satisfy

their RPS requirements or resell them with the proceeds


from the resale netted against contract costs.
Solar Home Renewable Energy Credits
The act creates SHRECs, which are Class I
renewable energy credits created for each megawatt
hour of electricity produced by qualifying residential
solar PV systems that receive approved incentives from
the Green Bank on or after January 1, 2015. A SHREC
has an effective life that covers the year it was produced
and the next calendar year. It is owned by the Green
Bank until transferred to an EDC under the master
purchase agreement.
Under the act, the Green Bank sets the purchase
price for SHRECs, which must decline over time
commensurate with the schedule of declining
performance-based
incentives
and
expected
performance-based buy-downs.
The price cannot
exceed the lesser of (1) the preceding years price for
small Z-RECs (a similar renewable energy credit
produced by certain zero-emission facilities) or (2) $5
less per credit than the RPS alternative compliance
payment (a 5.5 cents/kWh penalty for failing to meet
RPS requirements). The act prohibits EDC customers
who are eligible for the SHREC program from also
being eligible for the small Z-REC program.
Master Purchase Agreement
The act requires the Green Bank, within 180 days
after July 1, 2015, to negotiate and develop a 15-year
master purchase agreement with each EDC requiring the
EDC to purchase the banks SHRECs. Each EDCs
obligation to purchase SHRECs must (1) begin once
PURA approves the agreement; (2) expire on December
31, 2022; and (3) be apportioned based on its
distribution systems demand for electricity when the
agreement begins, as determined by PURA.
The act requires the Green Bank and EDCs to
negotiate in good faith to develop the agreement. If
there are any outstanding issues 30 days after the
negotiations start, either party may initiate a docket with
PURA to resolve them.
Once negotiations are
complete, the Green Bank and EDCs must, by January
1, 2016, jointly file the agreement for PURAs approval.
PURA must hold a contested case under the Uniform
Administrative Procedure Act to approve, reject, or
modify the agreement, which cannot become effective
without PURAs approval. (The act does not specify
what criteria PURA must use to approve, reject, or
modify an agreement.)

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EDC Cost Recovery


The act requires that EDCs timely recover their
costs associated with complying with the act through a
fully reconciling, non-bypassable rate component. Each
EDC must annually file with PURA an accounting of all
costs and fees it incurred while complying with the
master purchase agreement.
The EDCs can resell or dispose of the energy or
credits they purchased under the agreement, but the
proceeds from the sale must be netted against the cost of
payments they make to projects under the agreement.
The difference must be credited or charged to the
EDCs customers through a PURA-determined
reconciling component of their electric rates that cannot
be bypassed by switching electric suppliers.
Once the EDCs obligation to purchase SHRECs
expires, any Class I renewable energy credits (RECs)
produced by a qualifying residential PV system must be
transferred from the Green Bank to the PV systems
EDC. The EDC must either (1) resell the credits into
the New England Power Pool Generation Information
System REC market for electric suppliers and EDCs to
meet their RPS requirements or (2) keep the credits to
meet its own RPS requirements. If a company sells the
credits, the revenue from the sales must be credited to
its customers. In deciding whether to resell or keep the
RECs, the EDC must select the option that is in its
ratepayers best interests.
Other Provisions
The act requires the Green Bank to publish on its
website, instead of in its biennial comprehensive plan, a
proposed schedule for offering program incentives. By
law, the Department of Energy and Environmental
Protection (DEEP) must review and approve the
schedule. Prior law allowed the Green Bank to modify
an incentive schedule without DEEPs approval if
changes in federal or state law or developments in the
solar market would affect a typical residential PV
systems expected return on investment by 20% or
more. The act lowers this threshold to 10% and subjects
the modification to DEEPs review and approval, thus
eliminating the banks ability to make any changes to
the schedule without DEEPs approval.
The law requires the incentives, among other
things, to meet a consumers reasonable payback
expectations. The act requires them to also provide the
consumer with a competitive electricity price and adds
the cost of financing the system to various other factors
the bank must consider when setting the incentives (e.g.,
the value of energy offset by the system and the
availability and value of other incentives).

113

The act eliminates a provision in prior law that


prohibited customers who received the programs
performance-based buy down from also receiving net
metering credits (i.e. billing credits that allow customers
to run their meter backwards based on how much
excess electricity their PV system generates). It also
extends, from January 1, 2016 to January 1, 2017, the
deadline for the Green Banks next biennially required
report to the Energy Committee on the programs
progress.
RESIDENTIAL SOLAR PERMITTING
The act requires each municipality, by January 1,
2016, to incorporate residential solar PV systems in its
building permit application process or use a residential
solar PV system permit application supplement. Under
the acts permitting provisions, a residential solar PV
system is equipment and devices that:
1. collect solar energy and generate electricity by
photovoltaic effect,
2. have a nameplate capacity rating of 12 KW or
less,
3. are installed on the roof of a single-family
home, and
4. conform to the State Building Code.
The act allows a municipality, when developing a
permitting process, to:
1. develop and post on its website a permit
application for installing residential solar PV
systems,
2. allow applicants to submit applications
electronically, and
3. exempt the systems from certain municipal
building permit application fees through an
ordinance adopted by the municipalitys
legislative body.
The act requires municipalities to inform residential
solar PV system permit applicants of the permits
approval or disapproval within 30 days after receiving
the permit application. It allows local building officials,
when inspecting the work completed under a permit, to
use additional resources described in the International
Residential Code portion of the State Building Code.
Inspections must be performed according to this portion
of the code.
The act specifies that its provisions do not authorize
anyone to alter homes or structures in historic districts.
Training Seminar
By December 1, 2015, the act requires the Green
Bank, in consultation with the State Building
Inspectors Office, to plan, implement, and host five
residential solar PV system permit training seminars in
different municipalities to provide guidance and

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ENERGY AND TECHNOLOGY COMMITTEE

information to municipalities seeking to develop a


permitting process. In planning and implementing the
seminars, the Green Bank may consult with (1) the
Connecticut Conference of Municipalities, (2) the
Connecticut Council of Small Towns, (3) the
Renewable
Energy
and
Efficiency
Business
Association, and (4) other organizations.

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PA 15-22SB 346
Environment Committee

3.
4.
5.
6.

AN ACT CONCERNING THE FARMLAND


RESTORATION AND VACANT LANDS
PROGRAMS OF THE DEPARTMENT OF
AGRICULTURE

7.

SUMMARY: This act expands the items reimbursable


to farmers under the farmland restoration program,
which encourages farmers to restore farmland that has
gone out of production. It also increases the maximum
reimbursement under the program for management or
restoration plans for certain state or municipal lands.
The act allows the agriculture commissioner to
partially reimburse a farmer for the cost to develop,
implement, and comply with a farm resources
management plan or a farmland restoration plan, instead
of only to develop a farm resources management plan.
The commissioner must approve a management or
restoration plan for it to be reimbursable.
Under prior law, reimbursement was limited to the
lesser of $20,000 or 50% of a plan's cost. For a plan on
state or municipal land with an agricultural lease of at
least five years, the act increases the reimbursable
amount to the lesser of $20,000 or 90% of a plan's cost.
The act also broadens the activities eligible for
reimbursement under the farmland restoration program
and permissible under the vacant public lands program
to include (1) fence installation in restoration areas to
keep wildlife out and manage livestock and (2)
incidental land clearing done in connection with
agricultural restoration. It does this by expanding the
definition of agricultural restoration purposes.
EFFECTIVE DATE: October 1, 2015
FARMLAND RESTORATION PLAN
Under the act, farmland restoration plan means a
conservation plan of the U.S. Department of
Agriculture's Natural Resources Conservation Service, a
soil and water conservation district, or one the
agriculture commissioner approves. It includes
agricultural restoration purposes.
PA 15-5, June Special Session, 121, specifies that
a (1) farmland restoration plan includes conservation
and restoration plans for leased or franchised shellfish
beds and (2) farmer includes a lessee or franchise
holder of a state or town shellfish bed.
AGRICULTURAL RESTORATION PURPOSES
Under existing law, agricultural restoration
purposes already include:
1. reclaiming grown-over pastures and meadows;
2. installing fences to keep livestock out of
riparian areas;

115

replanting vegetation on erosion-prone land or


along streams;
restoring water runoff patterns;
improving irrigation efficiency;
conducting hedgerow management, including
removing invasive plants and timber; or
renovating farm ponds through farm pond
management.

VACANT PUBLIC LANDS PROGRAM


The law authorizes the agriculture commissioner to
establish a program to encourage the use of vacant state
property for gardening, agricultural purposes, or
agricultural restoration purposes. To date, he has not
established the program.

PA 15-23sSB 347
Environment Committee
AN ACT CONCERNING THE PERCENTAGE OF
STATE AND FEDERAL FUNDS THAT MAY BE
USED TO PURCHASE OPEN SPACE UNDER
THE OPEN SPACE AND WATERSHED LAND
ACQUISITION PROGRAM
SUMMARY: This act increases, from up to 70% of
total cost to up to 90% of fair market value, the amount
of state and federal funds Open Space and Watershed
Land Acquisition Grant Program grantees may use to
fund their projects. In certain specified circumstances,
the act also allows the Department of Energy and
Environmental Protection (DEEP) commissioner to let a
grantee use state and federal funds to cover 100% of the
fair market value of their projects.
The act also eliminates restrictions on the amount
of grants the commissioner may approve for municipal
grantees that also receive certain federal funds.
EFFECTIVE DATE: Upon passage
USE OF FUNDS TO COVER 100% OF PROJECT
VALUE
Under the act, the DEEP commissioner may allow a
grantee to use Open Space and Watershed Land
Acquisition Grant Program funds and any federal funds
to cover 100% of the fair market value of a project if:
1. the grantee committed or spent significant
resources toward (a) acquiring and preserving in
perpetuity the subject land or (b) the care,
maintenance, or preservation of the land;
2. the project will provide significant recreational
opportunity or natural resource protection for
the state; or

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3.

ENVIRONMENT COMMITTEE

the project is located in an area of the state


where there is a limited amount of land
available for recreational opportunity or natural
resource protection.

The above must be consistent with the programs


intents and criteria.
RESTRICTIONS ON GRANT AMOUNTS
ELIMINATED
The act eliminates restrictions on the amount of
grants the commissioner may approve for a municipal
grantee that also receives certain federal funds.
Under prior law, the commissioner could approve a
program grant for a municipality where a federal grant
is also made, but only up to one-half of the nonfederal
share of open space land acquisition or development
costs. Similarly, he could approve a program grant for a
municipality where a federal rehabilitation or innovation
grant under the Urban Park and Recreation Recovery
Act is also made, but only up to 15% of the total project
cost of such development or rehabilitation.
BACKGROUND
Open Space and Watershed Land Acquisition Grant
Program
Under this program, DEEP provides grants to:
1. municipalities to acquire land for open space,
2. nonprofit land conservation organizations to
acquire land for open space and watershed
protection,
3. water companies (including municipal utilities)
to acquire land that protects drinking water
supplies, and
4. distressed
municipalities
and
targeted
investment communities to acquire land for
open space or restore or protect open space land
they already own.
The grants may not exceed certain amounts
specified in statute. Most grants may not exceed 65% of
the fair market value of the land to be acquired (75% if
the land is located in a distressed municipality or target
investment community).

PA 15-25sSB 699
Environment Committee
Judiciary Committee
AN ACT ESTABLISHING A MINIMUM AGE FOR
TOWING ANY PERSON BY VESSEL AND
REQUIRING THE COMPLETION OF SAFE
TOWING INSTRUCTION PRIOR TO THE
ISSUANCE OF A SAFE BOATING CERTIFICATE
SUMMARY:
This act requires, with limited
exceptions, a person operating a vessel that must be
registered or numbered under state law while towing
someone engaged in water skiing to:
1. be at least age 16;
2. hold a (a) valid U.S. Coast Guard-issued vessel
operator license, (b) Department of Energy and
Environmental Protection (DEEP)-issued safe
boating certificate (SBC) or certificate of
personal watercraft operation (CPWO), or (c)
boating safety certificate from a state with a
reciprocal agreement with Connecticut; and
3. hold a DEEP-issued safe water skiing
endorsement obtained after completing safe
water skiing instruction.
The act also prohibits a vessel owner from
knowingly allowing someone under age 16 to operate
that vessel while towing someone engaged in water
skiing.
Violators of the above requirements are subject to a
fine of between $60 and $250 for each violation.
The above requirements do not apply to towing a
person or vessel during an emergency that threatens
human life or property. The safe water skiing
endorsement requirement also does not apply to anyone
who held a valid vessel operator license, SBC, CPWO,
or boating safety certificate from a reciprocal state
before October 1, 2015.
The act requires the DEEP commissioner to amend
regulations that set out the content of safe boating
operation courses. The revised regulations must (1)
require the safe boating courses to include content on
safe water skiing and (2) provide procedures for DEEP
to issue and revoke safe water skiing endorsements.
DEEP must include safe water skiing questions in the
safe boating certificate examination. (PA 155, June
Special Session, 412, allows the commissioner to
include in the amended regulations provisions
establishing a fee for a safe water skiing endorsement
and an alternative online course for the endorsement.)
The act also requires the commissioner to publish
on DEEPs website safe water skiing information
equivalent to what is included in the safe boating
courses.

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The act also makes conforming changes.


EFFECTIVE DATE: October 1, 2015, except for the
provisions requiring the commissioner to amend the
safe boating regulations and publish information on
DEEPs website, which are effective upon passage.

117

BACKGROUND

Prior law required the Penfield Reef Lighthouse


lease or authorization to be for (1) up to 10 years,
subject to renewal, and (2) consideration the
commissioner set. The lease or authorization had to
ensure preservation, public education, and reasonable
public access regardless of the lessee.
EFFECTIVE DATE: Upon passage

Water Skiing

BACKGROUND

By law, water skiing includes aquaplaning, towing


anyone behind a vessel under power, and similar forms
of activity (CGS 15-127). Under the law, no one may:
1. operate a motorboat engaged in water skiing
unless there is a responsible person at least age
12 on board assisting the operator and
observing the water skiers progress,
2. water ski or operate a motorboat engaged in
water skiing (a) anywhere water skiing is
prohibited or (b) in a way that strikes or
threatens to strike another person or vessel, or
3. water ski (a) from one-half hour after sunset to
sunrise or (b) when weather conditions limit
visibility to less than 100 yards (CGS 15134).

Related Federal Law


The
2000
National
Historic
Lighthouse
Preservation Act (NHLPA, 16 USC 470w-7) creates a
formal process for federal agencies to follow when
transferring certain lighthouses no longer needed for
maritime navigation. The process applies to lighthouses
on or eligible for the National Register of Historic
Places.

PA 15-38SB 940
Environment Committee
Planning and Development Committee
AN ACT CONCERNING THE SUSTAINABILITY
OF THE NITROGEN CREDIT EXCHANGE
PROGRAM

PA 15-35sSB 866
Environment Committee
AN ACT CONCERNING THE LEASING OF
LIGHTHOUSE BOTTOMLANDS
SUMMARY: This act expands the Department of
Energy and Environmental Protection commissioner's
authority to lease, or otherwise allow the occupancy of,
submerged lands under or associated with lighthouses in
order to preserve these structures pursuant to the
National Historic Lighthouse Preservation Act
(NHLPA). Prior law limited this authority to the
Penfield Reef Lighthouse, off Fairfields coast. The act
extends it to include any lighthouse in Connecticut
waters.
Under the act, the leases must be (1) for 30 years
and subject to renewal if the lighthouse is sold under the
NHLPA or (2) coterminous with the lighthouses lease.
They must also ensure consistency with the states
coastal management law and such other state interests as
preserving historic structures, public education, and
allowing reasonable public access when a nonprofit
organization is the lessee. The act specifies that lessees
must obtain the local, state, or federal permits required
to build new structures or appurtenances on the
submerged lands.

SUMMARY: This act phases out the Department of


Energy and Environmental Protections (DEEP)
obligation to purchase all equivalent nitrogen credits
created by publicly owned wastewater treatment
facilities under the Nitrogen Credit Exchange Program.
The program, overseen and managed by DEEP, was
created to help these facilities comply with required
nitrogen discharge limits and reduce the amount of
nitrogen entering Long Island Sound.
By law, DEEPs General Permit for Nitrogen
Discharges limits the total amount of nitrogen these
treatment facilities discharge. The permit sets individual
limits for each facility. Facilities comply with their
discharge limits by (1) reducing nitrogen discharge or
(2) purchasing credits, through DEEP, from facilities
that reduced their discharges below their permit levels.
Under prior law, the DEEP commissioner had to
annually purchase all available nitrogen credits. Under
the act, he must instead purchase:
1. by August 14, 2015, all credits created through
December 31, 2014;
2. by August 14, 2016, all credits created through
December 31, 2015; and
3. beginning August 15, 2016, only the credits
necessary to meet the nitrogen limits in the
general permit.

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ENVIRONMENT COMMITTEE

The act thus reduces the amount of credits the


commissioner must purchase each year to only those
needed to meet the purchasing facilities requirements.
EFFECTIVE DATE: Upon passage
BACKGROUND
Nitrogen in Long Island Sound
The federal Clean Water Act requires states with
water bodies that do not meet water quality standards to
develop a plan to bring them into compliance. As part of
the process, states must determine the maximum amount
of a pollutant that a waterbody can receive and still meet
water quality standards (total maximum daily load or
TMDL). In 2001, the U.S. Environmental Protection
Agency approved the TMDL for Long Island Sound,
setting a nitrogen reduction goal to be reached by 2014.
Connecticut met its goal.
Nitrogen Credits
Nitrogen credits are created when a facility reduces
its nitrogen discharges below the maximum level
allowed by DEEPs general permit. DEEP adjusts the
credits, resulting in equivalent nitrogen credits, to
account for the relatively greater harm to Long Island
Sound from nitrogen discharged closer to the shoreline.
A credits value is set annually through a process where
an advisory board calculates and proposes the value,
DEEP publishes it, and, absent a challenge, it becomes
final.

PA 15-52sHB 6733
Environment Committee
AN ACT CONCERNING CERTAIN
COMMERCIAL FISHERY LICENSURE
REFORMS
SUMMARY: This act makes numerous changes in the
commercial fishing statutes. Among other things, the
act:
1. expands the marine species the Department of
Energy and Environmental Protection (DEEP)
regulates to include whelk (also called conch),
which was previously regulated by the
Department of Agriculture (DoAg);
2. (a) establishes, and sets fees for, a whelk
license, restricted commercial fishing license,
and restricted commercial lobster pot fishing
license; (b) establishes a fee for a quotamanaged species endorsement; and (c)
decreases the fee for a personal use lobster
fishing license;

3.

establishes an annual renewal period for


limited access licenses under which a license
holder must apply for renewal annually by
March 31 or the license will be retired;
4. limits the (a) transfer of certain resident limited
access licenses to state residents and (b)
duration of a temporary license reissued
because of a license holders temporary
incapacity to 12 months or the period of
incapacity, whichever is shorter; and
5. makes a matter of public record (a) the identity
of
license,
permit,
registration,
and
endorsement holders and (b) aggregate catch or
landings data grouped by species, month, and
statistical catch area.
The act also changes the penalties for violating the
commercial fishing statutes. It:
1. increases the general penalty for violating the
commercial fishing licensing statutes from a
fine of up to $500, imprisonment for up to 30
days, or both, to a class C misdemeanor for a
first offense and class B misdemeanor for a
subsequent offense (see Table on Penalties)
and makes the taking or possession of each
animal in violation of the law a separate
offense;
2. decreases the penalty for violating blue crab
sport fishing regulations from a fine of up to
$500, up to 30 days imprisonment, or both, to
an infraction;
3. increases the penalty for falsifying a quotamanaged species report submitted to the DEEP
commissioner from an infraction to a class D
misdemeanor (see Table on Penalties); and
4. allows the commissioner to suspend the
license, permit, registration, or endorsement of
a person who fails to report information
(including employment data, boats and devices
used to fish, and catch and landing
information) to him as required by existing
law.
The act also (1) streamlines terminology by
assigning specific terms to commonly understood
licenses and activities and (2) makes other minor,
technical, and conforming changes.
EFFECTIVE DATE: January 1, 2016
WHELK FISHING
By law, DEEP regulates certain marine species for
commercial fishing purposes, including bait species,
crabs, lobsters, finfish, horseshoe crabs, sea scallops,
and squid. The act expands the species DEEP regulates
to include whelk. Together, the act refers to all of these
as regulated species.

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Prior law allowed the DoAg commissioner to issue


licenses to people taking conchs (i.e., whelk). Thus, by
repealing the agriculture statute, the act transfers
regulatory authority for whelk from DoAg to DEEP.
The act increases the penalty for taking more than
one-half bushel of whelk daily without a license. Under
the act, this is a class C misdemeanor for the first
offense and a class B misdemeanor for subsequent
offenses. Under prior agriculture law, it was a class D
misdemeanor.
Under the act, a whelk license from DEEP costs
$100 and expires on the December 31 following its
issuance. Under prior agriculture law, a conch license
cost $100 and was valid for one year from its date of
issuance.
NEW FEES AND LICENSES
Quota-managed Species Endorsement
The act establishes a $15 fee for a quota-managed
species endorsement. A quota-managed species is a
regulated species DEEP manages through a seasonal or
annual commercial harvest limit.
Existing regulations set possession limits (i.e.,
quotas) for various species (e.g., summer flounder,
black sea bass, and scup) and require a person to hold a
DEEP-issued endorsement to fish these species (Conn.
Agencies Reg. 26-159a-1 et seq.). The act explicitly
prohibits a person from possessing or landing a quotamanaged species unless he or she, or the owner of the
principal commercial fishing vessel used to take the
species, holds a DEEP-issued endorsement. The
commissioner may waive the endorsement requirement
for someone possessing only a small amount of the
species.
Under the act, the commissioner may revoke a
persons commercial vessel permit when that person is
convicted of, or upon the forfeiture of a bond taken
upon any complaint for, possessing more than 20%
above the possession limit for the quota-managed
species or 50 pounds, whichever is greater.
Restricted Commercial Fishing License
The act establishes a restricted commercial fishing
license, which costs $125 for residents and $250 for
non-residents. It defines restricted commercial fishing
as (1) commercial fishing in which hook and line are
used to take squid and finfish, other than American shad
or bait species or (2) taking menhaden by use of a gill
net that is up to 200 feet long, set, and retrieved,
manually and personally attended to when in use. A
license expires on the December 31 following its
issuance.

119

Restricted Commercial Lobster Pot Fishing License


The act also establishes a restricted commercial
lobster pot fishing license, which costs $125 for
residents and $250 for non-residents. Under the act,
restricted commercial lobster pot fishing means
commercial fishing using only up to 50 lobster pots to
take and land regulated species other than blue crab. A
license expires on the December 31 following its
issuance.
Personal Use Lobster Fishing License
The act decreases, from $120 to $60, the fee for a
personal use lobster fishing license. Under the act,
personal use lobster fishing means (1) using up to 10
lobster pots to take lobsters and finfish for personal use
or (2) taking lobsters for personal use by hand, skin, or
scuba diving. Finfish must be taken incidental to lobster
fishing and in accordance with recreational fishery creel
limits, length limits, and seasons adopted in accordance
with state law. By law, a license expires on the
December 31 following its issuance.
LIMITED ACCESS LICENSES
Definition
The act defines a limited access license as any
endorsement, license, permit, or registration limited in
number either by statute or the DEEP commissioner.
This includes quota-managed species endorsements,
specified limited access licenses (i.e., commercial
lobster pot, principal commercial, and general
commercial fishing licenses), and associated
commercial fishing vessel permits. The specified
limited access licenses may be issued only to people
who held one at any time from June 1, 1995 to
December 31, 2003.
Renewal
By law, all commercial fishing licenses,
registrations, and permits expire on the December 31
following their issuance. A person may purchase a new
license, registration, or permit at any time during the
calendar year and it remains valid until December 31 of
that year. The act extends these provisions to
endorsements.
But for limited access licenses, the act establishes a
specific annual renewal period. The license expires
December 31 but may be renewed through March 31. If
a person does not renew his or her limited access license
by March 31 and associated commercial fishing vessel
permit annually, the limited access license is retired. A
person whose license is retired may apply for a new
license through any means the DEEP commissioner

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ENVIRONMENT COMMITTEE

establishes.
The act allows the commissioner, in managing the
number of limited licenses issued, to (1) consider an
applicants recent fishing activity, (2) use a random
drawing, (3) lease up to 20% of the available harvest of
any quota-managed species, or (4) use other methods to
manage the number of fishing participants.

2.

permit, registration, or endorsement issued


under the commercial fisheries law, and any
associated fishing privileges established by law
or regulation and
catch or landings data aggregated by species,
month, and statistical catch area.

ADDITIONAL CHANGES
Transferring Certain Limited Access Licenses
By law, fishing licenses, registrations, and permits
are generally nontransferable, except as the law
authorizes. Under the act, endorsements are similarly
nontransferable.
The law allows the DEEP commissioner to
temporarily reissue certain limited access licenses to an
immediate family member or crew member when a
license holder becomes temporarily incapacitated.
Under the act, this applies to active principal
commercial fishing, general commercial fishing, and
commercial lobster pot fishing licenses. Prior law
limited a temporary license to the period of incapacity.
The act instead limits the duration of a temporary
license to the period of incapacity or 12 consecutive
months, whichever is shorter.
In addition, the law allows the commissioner to
authorize the holder of one of these limited access
licenses to transfer it to another person if he or she held
the license and landed regulated species for at least five
of the eight previous calendar years and reported
landings to the commissioner as required by law. Under
the act, if the license to be transferred is a resident
license, the person receiving it must also be a state
resident.
By law, the original license holder may not renew a
license that he or she transfers, but he or she may
acquire a new license through a subsequent transfer.
The law also prohibits a transfer if a license,
registration, or permit is under suspension or a party to
the transfer had a license, registration, or permit revoked
or suspended within the preceding 12 months.
Additionally, if the holder of one of these limited access
licenses dies, the commissioner may authorize the
transfer of the license for a two-year period.
PUBLIC INFORMATION
The act makes certain commercial fishery
information public. The law makes confidential any
individually identifiable information from any report
that license holders are required to submit to the DEEP
commissioner. But the commissioner may release the
information
for
research,
management
and
development, and law enforcement purposes.
The act makes public:
1. the identity of people holding any license,

The act expands the DEEP commissioners


authority to regulate commercial fishing activities by
allowing him to determine limits on processing fish at
sea in order to preserve species identification and
prevent wasteful harvest practices.
The act allows environmental tourism vessels to
bring ashore (i.e., land) regulated species. Prior law
prohibited them from landing any regulated species.
Under the act, an environmental tourism vessel is a
vessel used to carry passengers for hire to learn about,
observe, and collect marine or estuarine species using
commercial fishing gear under the conditions specified
in the related DEEP-issued permit.
The act allows a vessel used to take regulated
species to use a fish pump when offloading a catch at a
shore-side facility. Prior law prohibited any use of a fish
pump.

PA 15-66sHB 6839
Environment Committee
Planning and Development Committee
AN ACT CONCERNING A LONG ISLAND
SOUND BLUE PLAN AND RESOURCE AND USE
INVENTORY
SUMMARY: This act requires the Department of
Energy and Environmental Protection (DEEP)
commissioner, within available resources, to:
1. coordinate the completion of an inventory of
Long Island Sounds uses and natural resources
by a UConn subcommittee (i.e., the Long
Island Sound Resource and Use Inventory)
and
2. develop a plan to preserve and protect the
Sound that may include maps, illustrations, and
other media (i.e., the Long Island Sound Blue
Plan).
The commissioner must do these things in
conjunction with a 16-member Long Island Sound
Resource and Use Inventory and Blue Plan Advisory
Committee, which the act creates.
The act establishes a process for developing the
inventory and plan, including provisions for public
input. The draft inventory and plan must be completed
by March 1, 2019, and the public must have at least 90

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ENVIRONMENT COMMITTEE

days for review and comment. The commissioner must


adopt a final draft plan within 90 days after the public
comment period ends. Once final, the plan must be (1)
reviewed by the Environment Committee and (2)
submitted to the General Assembly for approval before
it can take effect. The act requires the inventory and
plan to be reviewed and updated every five years.
Under the act, the plans policies, locations, or
standards must apply in a spatial planning area as
depicted on a map the advisory committee prepares.
DEEP and other state or local agencies must consider
the plan when reviewing applications to conduct certain
coastal activities.
EFFECTIVE DATE: July 1, 2015
LONG ISLAND SOUND RESOURCE AND USE
INVENTORY
Under the act, the inventory must be completed by
a Long Island Sound Inventory and Science
subcommittee convened by UConn. It must comprise
the best available information and data on the Sounds
natural resources and uses, including all of its:
1. plants, animals, and habitats;
2. ecologically significant areas in nearshore and
offshore waters and their substrates (i.e.,
surfaces where organisms grow);
3. uses of the waters and substrates, such as (a)
boating and fishing; (b) waterfowl hunting; (c)
shellfish beds; (d) aquaculture and energy
facilities; (e) shipping corridors; and (f) electric
power
line,
gas
pipeline,
and
telecommunications crossings; and
4. updates and additions to the comprehensive
environmental assessment and plan on Long
Island Sound crossings (such as pipelines).
LONG ISLAND SOUND BLUE PLAN
Purposes
The act requires the plan to:
1. establish the states goals, siting priorities, and
standards for effective stewardship of the
Sounds waters held in trust for public benefit;
2. promote science-based management practices
that consider existing natural, social, cultural,
historic, and economic characteristics of
planning areas within the Sound;
3. preserve and protect traditional riparian and
water-dependent uses and activities;
4. promote maximum public access to the
Sounds waters for traditional public trust uses,
such as boating and fishing, unless restricting
access is (a) a national security interest or (b)
necessary to protect coastal resources or

121

preserve public health, safety, and welfare;


reflect the Sounds importance to state
residents who make a living from boating or
fishing or enjoy recreational boating or fishing;
6. analyze the implications of existing and
potential uses and users of the Sound, focusing
on avoiding conflicts;
7. reflect the value of biodiversity and ecosystem
health
with
regard
to
ecosystem
interdependence;
8. identify and protect special, sensitive, or
unique estuarine and marine life and habitats,
such as scenic and visual resources;
9. adapt
to
evolving
knowledge
and
understanding of the marine environment,
including climate change and sea level rise
adaptation;
10. foster sustainable uses that capitalize on
economic opportunity without significant
detriment to the Sounds ecology or natural
beauty;
11. support infrastructure needed to sustain the
states economy and quality of life;
12. identify appropriate locations and performance
standards for activities, uses, and facilities
regulated under state permit programs, such as
measures to guide siting uses in ways
consistent with the plan; and
13. reflect the importance of planning for the
Sound as an estuary that crosses state
boundaries, including identifying potential
measures that encourage the planning.
Under the act, the plan must be consistent with the
inventory described above and provide for ongoing
acquisition and application of up-to-date resource and
use data, including seafloor mapping. It must also be
consistent with the States Plan of Conservation and
Development and the goals and policies in the states
Coastal Management Act.
The act requires the plan to be developed by a
transparent and inclusive process that seeks widespread
public and stakeholder participation and encourages
public input in decision making. The plan must be
coordinated, developed, and implemented with New
York, to the greatest extent feasible. It must also be
coordinated, to the greatest extent feasible, with local,
regional, and federal planning entities and agencies that
include the (1) Connecticut-New York Bi-State Marine
Spatial Planning Working Group, (2) Long Island
Sound Study, and (3) National Ocean Policys Northeast
Regional Planning Body (see BACKGROUND).
5.

Areas Subject to the Plan


Waters and Submerged Lands. The waters and
submerged lands subject to the commissioners

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ENVIRONMENT COMMITTEE

planning, management, and coordination authority


under the plan include Long Island Sound and its bays
and inlets, from the mean high water line to the states
waterward boundaries with New York and Rhode
Island. The act specifies that the high water line is
defined by the most recent data of the National Oceanic
and Atmospheric Administration.
Spatial Planning Area. The act requires the
advisory committee (see below) to prepare a map
showing a spatial planning area where the plans siting
policies, location identifications, or performance
standards for activities, uses, and facilities must apply.
The act specifies that the spatial planning area is
located seaward of the bathymetric contour (line of
underwater depth) of minus ten feet North American
Vertical Datum to the states waterward boundaries with
New York and Rhode Island. But it does not extend into
(1) any river that flows into the Sound beyond the first
motor vehicle or railroad bridge crossing the river or (2)
an area along the river that the economic and
community development (DECD) commissioner
approves as an enterprise zone, which, under the act,
must be known as a defense plant zone.
PUBLIC INVOLVEMENT AND COMMENTS
Developing the Draft Inventory and Plan
To help the commissioner develop the inventory
and plan, the act requires the advisory committee to
hold at least three public hearings in different coastal
municipalities to receive public comments and
submissions. The act requires that one hearing each be
held (1) east of the Connecticut River, (2) west of the
Housatonic River, and (3) between the Connecticut and
Housatonic rivers. It allows the committee to provide
other public outreach and input measures to assure
stakeholder engagement and representation.
While helping to complete the draft inventory and
plan, prior to its availability for public comment, the
committee must consult with the DECD commissioner
and representatives from:
1. the telecommunications industry,
2. waterfront businesses,
3. the states two federally recognized Indian
tribes, and
4. the tourism or recreation industry.
To the extent feasible, the committee also must
consult with applicable New York state agencies,
advisory counterparts, and the Connecticut-New York
Bi-State Marine Spatial Planning Working Group to
create a mutually agreeable process to develop the
inventory and plan.

After Draft Completion


Once the draft inventory and plan are completed,
the act requires the DEEP commissioner to make them
available for public review and comment for at least 90
days. He must post them, and the notice of public
comment period, on DEEPs and the Office of Policy
and Managements (OPM) websites. Notice must also
be published in the Environmental Monitor and the
Connecticut Law Journal.
The commissioner must adopt a final draft no later
than 90 days after the public comment period ends.
GENERAL ASSEMBLY REVIEW
Under the act, once a final draft of the plan is
completed, the commissioner must submit it to the
Environment Committee for review. The committee
must hold a public hearing on the plan within 45 days
after the start of the next legislative session. It must,
within 45 days after this hearing, submit to the General
Assembly (1) the plan and (2) its recommendation for
approval or disapproval.
The plan takes effect when it is approved by a
majority vote of each chamber. If the legislature
disapproves it, in whole or part, it is deemed rejected
and must be returned to the advisory committee for
revision.
The act requires revisions to the inventory and plan
to be submitted to the Environment Committee and
approved by the General Assembly, following the same
procedure as described above. The DEEP commissioner
is responsible for reviewing and updating the inventory
and plan at least once every five years.
PUBLIC OUTREACH PROGRAM
The act requires the DEEP commissioner to
develop and implement a public outreach and
information program to inform the public about the
plan. It also requires the advisory committee to hold at
least one public hearing each year to receive public
comments and submissions on the inventory and plan.
The program and hearing must be accomplished within
available resources.
USE OF THE INVENTORY AND PLAN
Under the act, once the inventory and plan are
approved as described, the plan must be considered
when reviewing applications for:
1. aquaculture operations permits or producer
licenses and seaweed planting and cultivation
licenses;
2. shellfish grounds leases and licenses;

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3.

certificates of environmental compatibility and


public need from the Connecticut Siting
Council;
4. emergency or temporary authorizations for
certain regulated activities to prevent loss of
life, health, wealth, or property;
5. electric power line, gas pipeline, or
telecommunications crossings of Long Island
Sound;
6. dredging; erecting structures; placing fill,
obstructions, or encroachments; or conducting
work related to these activities in tidal, coastal,
or navigable waters waterward of the coastal
jurisdiction line;
7. coastal structure maintenance and other
activities eligible for a certificate of permission
from DEEP;
8. discharging water, substances, or materials into
state waters; or
9. a state water quality certification pursuant to
federal law.
The act allows the plan to be used for guidance in
pre-application discussions between applicants and the
DEEP commissioner.
It also requires the commissioner to seek federal
approval needed to incorporate the plan as an
enforceable policy in the states coastal management
program under the federal Coastal Zone Management
Act.

Appointing
Authority

123

Number

Qualifications

Senate president One


pro tempore

A representative of a conservation organization


that specializes in coastal issues

Senate majority
leader

One

A representative of the commercial boating or


shipping industries

Senate minority
leader

One

A representative of the marine trades industry

House speaker

One

A representative of the commercial finfish


industry

House majority
leader

One

A representative of coastal municipalities

House minority
leader

One

A representative of the recreational fishing and


hunting community

ADVISORY COMMITTEE

Under the act, the DEEP commissioner serves as


the committees chairperson and must convene the first
meeting by August 30, 2015 (i.e., 60 days after the acts
effective date). The act allows him to ask committee
members to help with administrative functions, such as
convening and noticing meetings and drafting
assessments and reports.
The act places the committee in DEEP for
administrative purposes only. Thus, it makes DEEP
responsible for, among other things, providing
administrative and clerical functions for the committee
to the extent the DEEP commissioner considers
necessary.

Membership

Committee Responsibilities

Under the act, the advisory committee consists of


16 members. It includes (1) the DEEP, transportation,
and agriculture commissioners, or their designees; (2)
the OPM secretary, or his designee; (3) one Connecticut
Siting Council representative; and (4) 11 appointed
members, as Table 1 shows.

In addition to helping the DEEP commissioner


develop the draft inventory and plan, the act requires the
committee to advise the commissioner on operating,
implementing, and updating the inventory and plan
within six months after the General Assemblys
approval. It must also meet quarterly to review the
plans implementation, identify emerging issues, and
recommend any needed or desired changes to the plan.

Table 1: Advisory Committee Appointees


Appointing
Authority
Governor

Number
Five

Qualifications

BACKGROUND

A faculty member from UConns marine


sciences programs

Long Island Sound Study

A representative of the gas and electric


distribution industries

In 1985, in an effort to better protect Long Island


Sound, the federal Environmental Protection Agency,
Connecticut, and New York formed the Long Island
Sound Study, a partnership of federal and state agencies,
user groups, organizations, and individuals seeking to
restore and protect the Sound.

A representative of the shellfish industry or an


organization familiar with commercial or
recreational aquaculture
A representative of a nonprofit conservation
organization with expertise in marine
assessments and planning
A representative of coastal municipalities

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ENVIRONMENT COMMITTEE

National Ocean Policys Northeast Regional Planning


Body

PA 15-101SB 360
Environment Committee

Formed by a presidential Executive Order in 2010,


the National Ocean Policy encourages a science-based
spatial planning process to analyze current and future
uses of ocean, coastal, and Great Lakes areas. The
approach is executed through regional planning bodies.
Members of the Northeast Regional Planning Body
include federal, tribal, state, and New England Fishery
Management Council representatives.

AN ACT AUTHORIZING HERD SHARES


WITHIN THE PRODUCTION OF MILK AND
RAW MILK PRODUCTS AND THE
MANUFACTURE OF CHEESE FOR PERSONAL
CONSUMPTION

PA 15-92SB 867
Environment Committee
AN ACT CONCERNING THE ENFORCEMENT
OF FIREWOOD TRANSPORT RESTRICTIONS
BY THE DEPARTMENT OF ENERGY AND
ENVIRONMENTAL PROTECTION
SUMMARY: This act (1) reduces the penalty for
transporting firewood in violation of a Connecticut
Agricultural Experiment Station (CAES) plant pest
quarantine or regulation and (2) allows violators to pay
fines without having to appear in court, using the mailin procedures for infractions and certain violations.
Under prior law, the fine for violating any CAES
quarantine or regulation on plant pests was at least
$500, up to a maximum of $2,500. The act reduces the
fine for improperly transporting firewood for (1) sale to
$200 and (2) personal use to (a) a warning for first-time
violators who disclose the woods point of origin and
(b) $85 for subsequent offenders. It appears that
violators who fail to disclose the origin information are
subject to the $85 fine regardless of whether it is a first
or subsequent offense.
Existing law charges the CAES director with
controlling insects or diseases (e.g., the Asian
longhorned beetle or emerald ash borer) that threaten
plants of economic importance. He may (1) prohibit or
regulate the transport of plants and plant material likely
to carry dangerous pests and (2) enforce other
provisions of the law concerning plant and insect
disease and infestation. Under CAES regulations,
improperly transported firewood must be (1) returned to
its point of origin, (2) disposed of onsite, or (3)
transported elsewhere for disposal (Conn. Agencies
Reg. 22-84-5g).
EFFECTIVE DATE: Upon passage

SUMMARY:
This act exempts the transfer or
exchange of raw milk between people in a shared
animal ownership agreement from the general ban on
selling or distributing raw milk from an unregistered
dairy farm or offering it for barter, exchange, or sale.
A shared animal ownership agreement is a
contract in which someone:
1. acquires an interest in a milk-producing
animal;
2. agrees to pay, reimburse, or accept financial
responsibility for the animals care and board;
and
3. receives a share of the raw milk the animal
produces.
The law generally requires anyone producing or
manufacturing retail raw milk or raw milk cheese for
use or disposal off-premises to register with the
Agriculture Department (CGS 22-173a). Producing
raw milk for personal consumption or consumption by
immediate relatives is already exempt.
EFFECTIVE DATE: Upon passage

PA 15-103SB 870
Environment Committee
Planning and Development Committee
AN ACT CONCERNING THE DUTIES OF
ANIMAL CONTROL OFFICERS
SUMMARY: This act extends the duties of animal
control officers (ACOs) to include enforcing laws on
domestic animals, instead of just dogs. In practice,
ACOs already work with other domestic animals, and
by law, ACOs may arrest someone who violates the
laws relating to dogs or other domestic animals (CGS
22-330).
The act requires municipal pounds to accommodate
domestic animals, in the same way that they must
accommodate dogs. By law, municipalities, other than
those participating in a regional pound, must (1) provide
and maintain a suitable building to comfortably keep
and care for detained dogs and (2) provide veterinary
care for those dogs.

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The act also makes technical and conforming


changes.
EFFECTIVE DATE: October 1, 2015
ACO MAY TAKE CUSTODY OF DOMESTIC
ANIMALS
The act extends the duties of ACOs to include
taking control of other domestic animals, instead of just
dogs. In doing so it allows an ACO to (1) take custody
of a domestic animal found injured, neglected,
abandoned, or mistreated and (2) impound it or, if
necessary, put it down humanely. An ACO must
immediately notify the animals keeper of an
impoundment, if the keeper is known. If the keeper is
unknown, the ACO must advertise the impoundment in
a newspaper and on pet adoption websites. If an animal
is not claimed, the ACO may sell it or, as a last option,
put it down humanely. Anyone aggrieved by an ACOs
taking of an animal may complain to the ACOs
appointing authority.

minimum size water main needed to address the


pollution for fire flow purposes, it is responsible for
paying only the incremental cost (i.e., amount in excess
of what is needed to fund the minimum size water
main).
The act also makes technical changes.
EFFECTIVE DATE: Upon passage
BACKGROUND
Superfund
Superfund is the name of the environmental
program established to address abandoned hazardous
waste sites. It is also the name of the fund established by
the 1980 Comprehensive Environmental Response,
Compensation and Liability Act that allows the U.S.
Environmental Protection Agency (EPA) to clean up
such sites and compel responsible parties to perform
cleanups or reimburse the government for EPA-led
cleanups.

PA 15-105sSB 865
Environment Committee
Energy and Technology Committee
Planning and Development Committee

PA 15-106sSB 1061
Environment Committee
Transportation Committee
Appropriations Committee

AN ACT CONCERNING ALLOWABLE COSTS


FOR THE INSTALLATION OF CERTAIN
OVERSIZED WATER MAINS

AN ACT CONCERNING THE FISCAL


SUSTAINABILITY OF STATE PARKS

SUMMARY: This act increases the grant amount


certain municipalities receive to provide long-term
potable water supply facilities (e.g., water mains) that
meet public water supply needs.
By law, the Department of Energy and
Environmental Protection (DEEP) may require
municipalities to provide long-term potable water to
people whose water is contaminated. Municipalities not
responsible for the contamination may apply to DEEP
for a grant to design and construct facilities to provide
the water. Under current regulations, for projects that
provide capacity beyond what is necessary for the
polluted area, DEEP reduces the total construction cost
amount eligible for a grant. The reduction is based on a
formula that takes into account a projects total cost and
the additional proposed capacity (Conn. Agencies Reg.
22a-471-1).
The act prohibits DEEP from reducing the grant
amount for a project in any area of a municipality next
to a federal Superfund site where the (1) project
involves a water line extension, (2) federal government
provides fire flow capacity, and (3) water is
groundwater provided by a municipal water company.
Under the act, if the municipality upgrades the

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SUMMARY: This act requires anyone who has a


contract with the Department of Rehabilitation Services
(DORS) for the operation of a food service facility,
vending machine, or stand in a state park to report to
DORS annually, by December 1, the revenue generated
under the contract. DORS must submit the reports to the
Department of Energy and Environmental Protection
(DEEP) commissioner, who must compile certain
information about the generated revenue, including if
any must be paid to the state.
The act also requires the DEEP commissioner to (1)
develop a request for information (RFI) on operating
concessions, providing services, and offering
recreational amenities at state parks and (2) provide the
Environment Committee a written evaluation of the
responses by December 1, 2015.
Additionally, the act requires the DEEP
commissioner to (1) establish fees for renting state park
property for special events of limited duration (e.g.,
weddings and receptions) based on the number of
people in attendance and (2) amend the Adopt a Park
program to recognize those who make charitable
donations of at least $2,500.
EFFECTIVE DATE:
July 1, 2015, except for
provisions relating to state park concessions, which are

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effective on passage.
1 STATE PARK CONCESSION REVENUE
REPORTS
The act requires anyone who has a contract with
DORS for the operation of a food service facility,
vending machine, or stand in a state park to report to
DORS annually, by December 1, the revenue generated
under the contract.
By January 1, annually, DORS must compile the
reports and give them to the DEEP commissioner. Each
year, by January 30, the commissioner must compile
information on the:
1. number of food service facilities, vending
machines, and stands in state parks, and the
locations of the parks;
2. amount of revenue generated by the facilities,
machines, and stands;
3. contractual agreement or statute that (a) requires
a portion of the revenue to be paid to the state or
(b) prohibits or limits such a payment;
4. amount of revenue paid to the state in the prior
calendar year; and
5. how the state used the revenue, if he can
determine it.
2 STATE PARK CONCESSION REQUEST FOR
INFORMATION
The act requires the DEEP commissioner, by
August 15, 2015, to develop an RFI on operating
concessions, providing services, and offering
recreational amenities at state parks. This must include
concessions that are year-round and share revenue with
DEEP through a revenue sharing formula. Services must
include parking options such as advanced reservations
and curbside parking.
The act requires the DEEP commissioner, by
September 15, 2015, to forward (1) the RFI to the
administrative services commissioner for posting on the
states contracting portal and (2) a copy of the RFI to
any private vendor he knows that provides such
concessions, services, and amenities.
By December 1, 2015, the DEEP commissioner
must forward to the Environment Committee a (1) copy
of the responses the RFI generated and (2) written
evaluation of the responses, including any
recommendation for offering concessions, services, and
amenities at state parks that were not offered as of the
acts passage.
3 SPECIAL EVENT USER FEES AT STATE
PARKS
The act requires the DEEP commissioner, by July
31, 2015, to establish fees for renting state park property

for special events of limited duration (e.g., weddings


and receptions) based on the size of the event.
By law, such fees must be deposited into the
maintenance, repair, and improvement account in the
General Fund, unless the commissioner specifically
agrees otherwise (CGS 23-15b). Account funds are
used to make improvements to state parks.
4 ADOPT A PARK PROGRAM
The act requires the DEEP commissioner, by July
31, 2015, to amend its Adopt a Park program to
recognize those who financially sponsor a park through
charitable contributions of at least $2,500. The
commissioner must recognize a sponsor by putting up a
placard at the adopted park that shows the persons,
organizations, or corporations name and level of
sponsorship. He may establish multiple tiers for
sponsorship.

PA 15-121sHB 6729
Environment Committee
AN ACT CONCERNING THE USE OF CERTAIN
NOISE-MAKING DEVICES FOR
AGRICULTURAL PURPOSES
SUMMARY: This act makes changes in the law
requiring a Department of Agriculture (DoAg) permit to
use a noisemaking device to deter wildlife from
damaging crops. By law, these devices, known as corn
cannons, include acetylene, carbide, or propane
exploders; electronic noisemakers; and similar
noisemaking devices.
The act requires permit applicants to include an
estimate of potential crop loss with the information they
provide in their application to the DoAg commissioner.
It makes optional, rather than mandatory, on-site
inspections by the commissioner or his designee before
making a final decision on an application. And it allows
the commissioner to consult wildlife experts when
considering whether to deny or cancel a permit.
The act adds to the laws operation requirements
that the devices be (1) operated according to
manufacturer recommendations and any commissionerimposed conditions and (2) labeled with the operators
contact information.
It restricts the circumstances in which the
commissioner may exercise his authority to revoke a
permit for a violation of the noisemaking device law.
Instead of allowing him to revoke one for any violation,
the act requires him, or his designee, to issue warning
notices for the first two violations in a year, and restricts
revocation to cases of three violations in a year. It
creates a procedure to appeal revocation orders.

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The act establishes a fine of $100 for a first offense


and $300 for any subsequent offense for operating a
device without a permit and allows violators to pay the
fine by mail without appearing in court. It specifies that
each device operated in violation of the law is a separate
offense.
Lastly, the act makes technical changes.
EFFECTIVE DATE: October 1, 2015
APPLICATION REQUIREMENTS
By law, permit applicants must provide the
commissioner with (1) evidence of the need to protect
crops and (2) a description of other methods used to
prevent crop damage. The act requires them to also give
an estimate of the potential loss, as a percentage of the
crop, due to wildlife.
Other information the law requires applicants to
give includes the (1) type of device to be used; (2)
locations, hours, and intervals of operation; (3) animal
causing damage; (4) crop needing protection; and (5)
applicants or landowners contact information and
signature.
OPERATING REQUIREMENTS
The act requires noisemaking devices to be
operated according to (1) the manufacturers
recommendations and (2) any written conditions in the
permit that the commissioner or his designee deem
appropriate. It requires each device to have a securely
fixed, legible, weather-resistant tag with the operators
name, address, and phone number.
Existing law (1) limits the devices decibel levels
and hours of operation and (2) prohibits their use in a
way that endangers the public.
PENALTIES
Permit Denial, Cancellation, or Revocation
Denial or Cancellation. By law, the commissioner
may deny or cancel a permit if a municipal legislative
body adopts a resolution requesting him to do so and he
determines that a device causes or will cause undue
hardship to nearby residents. In making this
determination, the law allows him to consult with
county or statewide advisory groups. The act allows him
to also consult with experts in wildlife damage to crops.
Revocation. Prior law allowed the commissioner, at
his discretion, to revoke a permit for a first or second
violation. It required him to do so, for a period of at
least one year, for a third violation. The act instead (1)
requires him, or his designee, to issue warning notices
for the first two violations occurring in a 12-month
period and (2) limits revocation to cases where three
violations occur in a 12-month period. It retains the

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minimum one-year duration for a revocation.


Under the act, anyone whose permit is revoked may
appeal the order by making a written request for a
hearing. The request must be received by the
commissioner no later than 15 days after the order's
date. The act allows the commissioner to appoint a
hearing officer to hear an appeal and render a final
decision. The officer may consider only whether the
alleged violation occurred. A revocation order remains
in effect during an appeal until the officer makes the
final decision.
Fines
The act establishes a fine for operating a
noisemaking device (1) without a permit, (2) during an
appeal to revoke one, or (3) after a revocation.
It subjects violators to a $100 fine for a first offense
and $300 for second and subsequent offenses. Violators
may pay the fine without appearing in court, using the
mail-in procedures for infractions and certain violations.

PA 15-160sHB 6730
Environment Committee
General Law Committee
AN ACT CONCERNING THE ENFORCEMENT
OF STAGE I VAPOR RECOVERY
RESTRICTIONS AND SULFUR CONTENT
REQUIREMENTS FOR DISTILLATE FUELS
SUMMARY: This act establishes a procedure under
which the Department of Energy and Environmental
Protection (DEEP) commissioner may enforce proper
operation of stage I vapor control recovery systems at
gasoline dispensing facilities, such as gas stations. Stage
I systems prevent the discharge of gasoline vapors into
the air when gas is transferred from a delivery vehicle to
a facility.
The act allows the commissioner to place a
disabling device on a facilitys dispenser to prevent its
use if the system (1) was not tested within the past year
or (2) is improperly operating. It gives facility owners or
operators an opportunity for a hearing.
The act prohibits facility owners or operators from
putting a dispenser back into service until (1) the
commissioner determines the violation is remedied or
(2) they submit a written affidavit certifying the
violation is corrected.
The act also authorizes the DEEP commissioner to
enforce the law on sulfur content of home heating oil
and off-road diesel fuel by using the methods and
standards established in regulations on sulfur content for
stationary sources (Conn. Agencies Reg. 22a-17419b). The regulations set procedures for, among other

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things, (1) seeking to sell or burn fuel with higher sulfur


content than allowed by law, (2) determining
compliance with the sulfur content standards, and (3)
recordkeeping and reporting.
EFFECTIVE DATE: July 1, 2015
STAGE I SYSTEM ENFORCEMENT
Disabling Device
Under the act, the commissioner may place a
disabling device on a facilitys dispenser if he
determines the (1) facilitys owner or operator failed to
perform the annual pressure decay (integrity) test of the
vapor recovery system, as required by law, or (2)
system is not operating as required by agency
regulations (Conn. Agencies Regs. 22a-174-30). For
the latter, he may only do so after giving the owner or
operator 48 hours notice.
The act prohibits removing, altering, defacing, or
tampering with a disabling device, except to correct a
violation. The facility must correct all violations that
caused a disabling device to be placed on a dispenser, to
the commissioners satisfaction, before the dispenser is
put back into service or used to dispense gasoline.
Hearing
The act affords the owner or operator of a facility
with a disabling device placed on its dispenser the
opportunity for a hearing. It limits the hearings purpose
to determining whether a violation occurred and if it
continues. The hearing must be held within two
business days after the commissioner places the device
on the dispenser.
Return to Service
Under the act, a facility owner or operator may
return a system to service if he or she:
1. notifies the commissioner that each violation
was fully corrected and the commissioner
agrees or
2. provides the commissioner with a written
affidavit fully describing the actions taken to
correct each violation and certifying that each
violation was corrected before returning the
system to service.
If the commissioner receives the notice of
correction from the owner or operator, he must
determine whether a violation was corrected within 24
hours. If he receives the affidavit, he must review the
corrective actions on the day the system is returned to
service or on the next business day, if it is returned to
service on a weekend or legal holiday.

BACKGROUND
Oil and Fuel Sulfur Content
By law, until June 30, 2018, the maximum sulfur
content allowed in number two heating oil is 500 parts
per million (ppm) (0.05%) by weight. After that date, it
declines to 15ppm (0.0015%). The maximum sulfur
content allowed in number two off-road diesel fuel is
0.3% by weight. These amounts apply to fuel sold,
offered for sale, distributed, or used in Connecticut. The
commissioner may suspend these requirements in an
emergency (CGS 16a-21a).

PA 15-190SB 1062
Environment Committee
AN ACT PROVIDING CONTINUED FUNDING
FOR THE DEPARTMENT OF ENERGY AND
ENVIRONMENTAL PROTECTION'S
RECREATION TRAILS PROGRAM
SUMMARY: This act expands the purposes of the
Connecticut bikeway grant program to allow a wider
range of potential projects and grant recipients. A 2007
law authorized general obligation bonds for the
Department of Energy and Environmental Protection
(DEEP) to establish a bikeway grant program for
municipalities. The act removes the restriction that the
grants are only for municipalities.
Under the act, eligible projects may include locally
supported trails and trail systems, in addition to
currently eligible projects (e.g., bikeways and multiuse
paths established as part of the State Recreational Trails
Plan). The act allows grants to be used for equipment
and trail amenities, such as parking lots, toilet buildings,
signs, and benches. As under existing law, grants may
also be used for planning, design, land acquisition,
construction,
construction
administration,
and
publications for bikeways, walkways, and greenways.
Under the law, to be eligible for a grant, an
applicant must include a 20% local match from
municipal, federal, other state, nonprofit, or private
funds. If the application is for more than one
municipality, the match requirement is 10%. The act
also allows in-kind services to count toward the 20%
match and provides the 10% match if the application is
specifically for trails in more than one municipality.
Additionally, the applicant must assume responsibility
for maintaining the bikeways or other trails. Under prior
law, the municipality was responsible.
The act increases, from up to 2% to up to 5%, the
amount of the bond allocation DEEP may use to
administer the program. It also requires the Connecticut
Greenways Council, instead of an advisory committee

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of trail users and advocates, to advise DEEP on the


allocation of funds. By law, the 11-member Connecticut
Greenways Council advises the state and municipalities
on planning and implementing greenways.
PA 15-1, June Special Session, 65 and 238,
repeals this act and reenacts substantially similar
provisions, effective July 1, 2015.
EFFECTIVE DATE: October 1, 2015

PA 15-201sHB 5707
Environment Committee
Higher Education and Employment Advancement
Committee
AN ACT REQUIRING CERTAIN HIGHER
EDUCATION FACILITIES THAT CONDUCT
RESEARCH USING CATS OR DOGS TO OFFER
SUCH CATS OR DOGS TO ANIMAL RESCUE
ORGANIZATIONS PRIOR TO EUTHANIZING
ANY SUCH CAT OR DOG
SUMMARY: This act requires public and private
higher
education
institutions,
under
certain
circumstances, to offer any cat or dog on which they
conducted research or testing to an animal adoption or
rescue organization for adoption. An adoption offer
must only occur when the (1) research or testing is
complete, (2) destruction of the animal is not required,
and (3) animal is no longer needed by the institution.
The act allows the institutions to enter into
agreements with adoption or rescue organizations for
this purpose. It specifies that these organizations may be
either collaborations of individuals or nonprofit
organizations whose purposes include selling or placing
animals removed from animal shelters, municipal dog
pounds, or homes.
EFFECTIVE DATE: October 1, 2015

PA 15-204sHB 6034
Environment Committee
AN ACT AUTHORIZING BOW AND ARROW
HUNTING ON CERTAIN PRIVATE PROPERTY
ON SUNDAYS
SUMMARY: This act allows Sunday deer hunting
with a bow and arrow on private land in overpopulated
deer management zones, as the Department of Energy
and Environmental Protection (DEEP) determines. The
law prohibits any other type of Sunday hunting, and a
violation is a class D misdemeanor (see Table on
Penalties).
The Sunday deer hunting (1) must be in accordance
with DEEP's wildlife management principles and

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practices and (2) cannot take place within 40 yards of a


blazed (clearly marked) hiking trail. The hunter must (1)
have the private landowner's written permission to hunt
there and carry it while hunting and (2) obtain the
required DEEP permit to hunt deer with a bow and
arrow.
The act eliminates a provision that makes
possessing a bow and arrow outdoors on Sunday prima
facie evidence of hunting in violation of the Sunday
hunting law.
The law requires the DEEP commissioner to adopt
regulations establishing standards for deer management
and regulated areas for hunting deer with a bow and
arrow, among other things. DEEP has identified 13 deer
management zones throughout the state, and currently
estimates that 10 of them are overpopulated (i.e., with at
least 20 deer per square mile).
EFFECTIVE DATE: October 1, 2015

PA 15-245sSB 348
Environment Committee
Judiciary Committee
AN ACT CONCERNING THE SALE OF FARM
PRODUCTS AS "CONNECTICUT-GROWN"
SUMMARY: This act requires anyone selling a
claimed Connecticut-grown farm product at a farmers
market to do so in the immediate proximity of a sign
that (1) identifies it as Connecticut-grown and (2)
discloses the name and address of the person or business
that grew or produced it. Violators receive a warning for
a first violation and a $100 fine for each subsequent
violation.
The act also increases, from $25 to $100, the fine
for violating the Connecticut-Grown law. Under the
law, only products grown or produced in Connecticut
may be advertised or sold as Connecticut-grown.
Products grown or produced in Connecticut or within a
10-mile radius of the point of sale may be labeled as
native, native grown, local, or locally grown. Upon
request of the agriculture commissioner or his designee,
the person who sold the product must provide written
proof of the veracity of these claims within 10 days after
the sale.
EFFECTIVE DATE: October 1, 2015
CONNECTICUT-GROWN SIGN
Under the act, the Connecticut-Grown sign at a
farmers market must:
1. be readily visible to consumers;
2. be at least three by five inches in size;
3. have lettering in a size, font, or print clearly
and easily legible; and

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4.

state something substantially similar to THIS


FARM PRODUCT IS CONNECTICUTGROWN. THIS FARM PRODUCT WAS
GROWN OR PRODUCED BY THE
FOLLOWING PERSON OR BUSINESS:
(insert name and address).

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PA 15-179sHB 6986
Finance, Revenue and Bonding Committee

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2.

AN ACT CONCERNING MINOR AND


TECHNICAL CHANGES TO TITLE 12 OF THE
GENERAL STATUTES
SUMMARY: This act eliminates the requirement that
the revenue services commissioner adopt regulations for
administering the sales and use tax exemption for
vessels, machinery, and equipment used exclusively for
commercial fishing. Prior to the acts passage, he had
not adopted these regulations, which, under prior law,
had to require periodic registration and an application
procedure that (1) required permit applicants to sign a
declaration under penalty of false statement and (2)
notify them of the penalty for misusing the permit.
The act also makes several grammatical changes
and corrects statutory references in the tobacco products
and personal income tax statutes.
EFFECTIVE DATE:
Upon passage, except the
technical correction to the income tax statute takes
effect July 1, 2015.

PA 15-184sHB 7060
Finance, Revenue and Bonding Committee
AN ACT CONCERNING THE FAILURE TO FILE
FOR CERTAIN TAX EXEMPTIONS, THE
EXTENSION OF CERTAIN TAX CREDITS AND
DEVELOPMENT PROGRAMS, EXEMPTIONS
FROM CERTAIN FINANCIAL ASSISTANCE
AND ADMISSIONS TAX REQUIREMENTS, AND
VALIDATIONS
SUMMARY: This act exempts:
1. any athletic event presented by a member of
the Atlantic League of Professional Baseball at
Bridgeports Harbor Yard Ballpark from July
1, 2015 to June 30, 2017 from the admissions
tax ( 11) and
2. state economic development funds awarded
before July 1, 2020 to a West Haven mixed-use
development project or related infrastructure
from the law requiring legislative approval
when a projects total state economic
development funding exceeds $10 million (
10).
The act extends the statutory deadlines for:
1. the (a) state to provide funds for Bridgeports
Steel Point development project and (b) Steel
Point Special Taxing District to issue bonds to
finance infrastructure improvements in the
district ( 8 & 9),

taxpayers in specified towns to file claims for


certain property tax exemptions ( 1-6), and
3. municipalities participating in the land value
taxation
pilot
program
to
submit
implementation plans to specified legislative
committees ( 7).
Lastly, the act limits the number of times
municipalities may participate in the pilot program and
validates the actions Bozrahs registrar of voters and
deputy, assistant, or special assistant registrars of voters
took between January 7, 2015 and July 2, 2015. The
validation applies only to acts that were otherwise valid
except for the fact that these officials were not
appointed as the statutes require (CGS 9-192) ( 12).
EFFECTIVE DATE: July 1, 2015, except that the
Bozrah validation and the deadline extensions for the
land value pilot program and Steel Point Special Taxing
District take effect upon passage.
10 WEST HAVEN MIXED-USE PROJECT
By law, the Department of Economic and
Community Development (DECD) and Connecticut
Innovations, Inc. (CII) must obtain the legislatures
approval for economic development assistance totaling
over $10 million in two years for an economic
development project (CGS 32-462(b)).
The act exempts from this requirement assistance
for a West Haven mixed-use project or related
infrastructure improvements if the project is located
south of the New England Thruway and east of First
Avenue and has at least 200,000 square feet of retail and
entertainment space. The exemption applies only to
assistance awarded before July 1, 2020.
8 & 9 STEEL POINT SPECIAL TAXING
DISTRICT
The act gives Bridgeports Steel Point Special
Taxing District five additional years to obtain funds for
making public improvements. It extends, from June 30,
2015 to June 30, 2020, the deadline by which DECD
and CII may provide up to $40 million in financial
assistance under their existing programs to develop and
improve property in Bridgeport.
The act also gives the district more time to issue its
own bonds for these purposes before Bridgeports city
council may vote to merge the district with the city.
Prior law allowed the council to do so if the district
failed to issue bonds by July 1, 2015. The act extends
the deadline for the district to issue bonds to July 1,
2020.

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1-6 FILING DEADLINES FOR CERTAIN


PROPERTY TAX EXEMPTIONS
Pre-2011 Machinery and Equipment Tax Exemption
By law, machinery and equipment newly acquired
before 2011 qualify for the statutory five-year property
tax exemption (CGS 12-81 (72)). The exemption
applies to machinery and equipment used for
manufacturing, biotechnology, and recycling, and
taxpayers must annually file for it by November 1.
The act allows taxpayers in Durham, New Haven,
and Windsor to claim this exemption for machinery and
equipment on specified grand lists even though they
missed the mandatory November 1 filing deadline (CGS
12-81(72)). The Durham and Windsor taxpayers may
claim the exemption for such property on the October 1,
2014 grand list, and the New Haven taxpayer may claim
it for such property on the October 1, 2013 or October
1, 2014 grand lists.
The act waives this deadline if the taxpayers file for
the exemption by July 31, 2015 and pay the statutory
late fee. In each case, the local tax assessor must verify
the propertys eligibility for the exemption and approve
it, and the municipality must refund any taxes paid on
the machinery and equipment if the application was
filed in a timely manner. (Property on the October 1,
2013 grand list is taxed during FY 15; property on the
October 1, 2014 grand list is taxed in FY 16.)
Post-2011 Machinery and Equipment Tax Exemption
Beginning with the October 1, 2011 grand list year,
the law permanently exempts from the property tax
machinery and equipment used for manufacturing,
biotechnology, and recycling regardless of when it was
acquired (CGS 12-81 (76)). But taxpayers must still
include this property in their annual personal property
declarations, which they must submit to their assessors
by November 1. The act allows taxpayers in New
Haven to claim this exemption for machinery and
equipment on the October 1, 2013 grand list even
though they missed the mandatory November 1 filing
deadline.
The act waives this deadline if the taxpayers file
their declarations by July 31, 2015 and pay the statutory
late fee. The citys assessor must verify the propertys
eligibility for the exemption and approve it, and the city
must refund any taxes paid on the property if the
declaration was filed in a timely manner.
New Commercial Vehicles Tax Exemption
By law, taxpayers eligible for the statutory property
tax exemption for specific types of new commercial
motor vehicles must also file for this exemption by
November 1 (CGS 12-81 (74)). The act allows

taxpayers in Hartford to claim this exemption for


eligible motor vehicles on the 2014 grand list even
though they missed the mandatory November 1, 2014
filing deadline.
The act waives the deadline if the taxpayers file for
the exemption by July 31, 2015 and pay the statutory
late fee. Hartfords assessor must verify the taxpayers
eligibility for the exemption and approve it, and the city
must refund any taxes paid on the vehicles if the
application was filed in a timely manner.
Nonprofit Property Tax Exemption
By law, property owners eligible for the statutory
property tax exemption for certain land and buildings
owned by nonprofit organizations must file
quadrennially for this exemption by November 1 (CGS
12-81 (7)). The act allows a nonprofit organization in
North Branford to claim the exemption for property on
the 2013 grand list even though it missed this statutory
filing deadline.
The nonprofit must file for the exemption by July
31, 2015 and pay the statutory late fee. The towns
assessor must verify the organizations eligibility and
approve the exemption. The town must refund any
taxes, interest, and penalties paid on the property.
7 LAND VALUE TAXATION PILOT
PROGRAM
The act gives municipalities more time to comply
with one of the procedural requirements for
participating in the land value taxation pilot program,
under which they can tax land at a higher rate than
buildings instead of taxing both at the same rate.
Municipalities that want to impose the higher land
tax may do so only by participating in the pilot program.
They must apply to the Office of Policy and
Management, which may accept up to three
municipalities into the program. These municipalities
must prepare plans for assessing the tax and submit
them to their legislative bodies for approval. They must
also submit the approved plans to the Commerce;
Planning and Development; and Finance, Revenue and
Bonding committees. The act extends, from December
31, 2014 to December 31, 2015, the deadline for
submitting the plans to these committees.
The act allows municipalities to participate in the
pilot program only once, making those selected for the
program ineligible for subsequent selection. By law, a
participating municipality may limit the land value tax
to areas designated in its plan for implementing this tax.
Under the act, it cannot reapply to the program for
designating other areas.

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FINANCE, REVENUE AND BONDING COMMITTEE

BACKGROUND
Related Act
PA 15-244, 216 provides the same admissions tax
exemption as the act.

PA 15-212sSB 1137
Finance, Revenue and Bonding Committee
AN ACT CONCERNING THE CONNECTICUT
COMPETITIVENESS COUNCIL
SUMMARY:
This act establishes a 10-member
council within the legislative branch to advise the
executive and legislative branches and businesses about
Connecticuts economic performance, including how it
compares with that of other jurisdictions. Legislative
leaders and the governor must appoint the members by
October 1, 2015. The House speaker and the Senate
president pro tempore must appoint the councils
chairpersons, who must hold the councils first meeting
before December 1, 2015. The council must meet at
least quarterly.
Beginning by January 31, 2017, the council must
submit an annual report to the governor, the Department
of Economic and Community Development (DECD)
commissioner, and several legislative committees on
Connecticuts current economic competitiveness and
ways to make the state more competitive.
By law, the DECD commissioner must, every four
years, prepare an economic development strategic plan
that, among other things, reviews and analyzes the
forces affecting the states economic development and
responsible growth (CGS 32-1o).
EFFECTIVE DATE: July 1, 2015
COMPOSITION
As Table 1 shows, the governor appoints two
council members, and legislative leaders appoint eight.
The legislative appointees may be legislators.
Table 1: Council Appointments
Appointing Authority
Governor
House speaker
Senate president pro tempore
House majority leader
Senate majority leader
House minority leader
Senate minority leader

Number of Appointments
2
2
2
1
1
1
1

133

Initial appointments must be made by, and begin


on, October 1, 2015. These initial members serve
staggered terms:
1. those appointed by the governor and the House
majority and minority leaders serve two-year
terms and
2. those appointed by the House speaker, Senate
president pro tempore, and the Senate majority
and minority leaders serve four-year terms.
Subsequently appointed members serve four-year
terms. The appointing authority fills any vacancy for the
unexpired portion of the vacant members term.
ADMINISTRATION
The councils chairpersons must hold the first
meeting before December 1, 2015. A majority of the
members constitutes a quorum for transacting business.
The council must meet at least quarterly. The members
serve without compensation except for necessary
expenses incurred while performing their duties. And
the Finance, Revenue and Bonding Committees
administrative staff serves as the councils
administrative staff.
POWERS AND DUTIES
The councils powers and duties center on
quantifying Connecticuts economic competitiveness
and recommending ways to improve it. The council
must:
1. encourage and assist businesses to grow in
Connecticut;
2. evaluate and promote Connecticuts economic
competitiveness vis--vis other jurisdictions;
3. beginning by January 31, 2017, prepare an
annual comprehensive statistical assessment of
the
states
economic
competitiveness
performance
(i.e.,
Connecticut
Competitiveness Scorecard);
4. outline the primary challenges facing
Connecticuts economic competitiveness and
the policies needed to meet those challenges;
and
5. advise and assist the executive and legislative
branches and the private sector about economic
competitiveness.
To perform its duties, the council can obtain
available assistance and information from any state
entity; accept gifts, donations, or bequests; and take any
necessary and appropriate actions.

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ANNUAL REPORT
The council must annually submit a report on the
competitiveness of the states industry and economy to
the (1) governor; (2) DECD commissioner; and (3)
Commerce, Finance, Revenue and Bonding, and Labor
committees. The first report is due January 31, 2017.
At a minimum, each annual report must:
1. include the Connecticut Competitiveness
Scorecard,
2. outline the primary challenges facing the
states economic competitiveness and the
policies needed to meet those challenges, and
3. recommend policy and statutory changes
needed to promote economic competitiveness.
BACKGROUND
Related Act
PA 15-5, June Special Session, 498, establishes a
permanent, 13-member Commission on Economic
Competitiveness to (1) analyze how the states tax
policies affect business and industry and (2) develop
policies that promote economic growth.

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PA 15-13HB 6886
General Law Committee
AN ACT CONCERNING THE APPLICABILITY
OF GENETICALLY-ENGINEERED FOOD
LABELING REQUIREMENTS TO
NONALCOHOLIC MALT BEVERAGES
SUMMARY: This act exempts nonalcoholic malt
beverages from the laws genetically engineered food
labeling requirements. These beverages are those with
up to .5% alcohol by volume, obtained by alcohol
fermentation of an infusion or concoction of water,
hops, barley malt, or cereal grains.
By law, foods intended for human consumption that
are entirely or partially genetically engineered must be
labeled as such after four other states pass similar laws,
provided one state borders Connecticut and the total
population of these states in the northeast exceeds 20
million. (This threshold has not been reached.)
The law already exempts certain food products,
such as (1) alcoholic beverages, (2) food not packaged
for retail sale that is intended for immediate
consumption, and (3) certain farm products.
EFFECTIVE DATE: July 1, 2015

135

obtain a wholesaler permit, and (d) changes


certain tasting requirements;
6. allows cider manufacturer permittees to offer
free samples of cider and apple wine;
7. requires certain manufacturer permittees to
offer nonalcoholic beverages;
8. allows package stores to sell cigars; and
9. creates a farmers market beer sales permit.
EFFECTIVE DATE: Upon passage; except July 1,
2015 for the bowling alley, farm winery dispensing, and
nonalcoholic drink provisions; and October 1, 2015 for
the powdered alcohol ban.
BANNING POWDERED ALCOHOL
The act bans anyone from knowingly purchasing,
possessing, or selling powdered alcohol. Powdered
alcohol means molecularly encapsulated alcohol in
powdered form that may be used in such form or
reconstituted as an alcoholic beverage.
Anyone who knowingly (1) purchases or possesses
powdered alcohol is subject to a $100 fine for the first
offense, $250 for the second offense, and $500 for
subsequent offenses or (2) sells powdered alcohol is
subject to a $250 fine for the first offense, $500 for the
second offense, and $1,000 for subsequent offenses.
AGE 16 AND 17 TO WORK IN BUSINESSES WITH
ALCOHOLIC PERMITS

PA 15-24sSB 386
General Law Committee
AN ACT CONCERNING ALCOHOLIC LIQUOR
SUMMARY:
This act makes several unrelated
changes in the Liquor Control Act. It:
1. bans powdered alcohol;
2. extends the hours during which a bowling
establishment permittee may sell alcohol
outside of its bar area by allowing alcohol sales
in the bowling alley area after 11:00 a.m.,
rather than after 2:00 p.m.;
3. generally allows anyone at least age 16, rather
than age 18, to be employed by businesses
holding an alcoholic permit;
4. (a) limits licensed farm wineries that offer
tastings of free wine or brandy samples to
dispensing such samples out of bottles or
containers that hold up to two gallons and (b)
allows wineries to sell on their premises brandy
manufactured from Connecticut-harvested fruit
and distilled in-state but off the premises;
5. (a) allows manufacturer permittees who
produce less than 25,000 gallons to sell
alcoholic liquor at retail, (b) limits wholesale
distribution to manufacturer permittees who
sell less than 10,000 gallons a year, (c)
eliminates a manufacturer permittees ability to

The act allows 16- and 17-year-olds to be employed


by businesses holding an alcoholic permit. Prior law
generally required employees in such establishments to
be over age 18. By law, businesses with a grocery store
beer permit may employ those age 15 or older. The act
also prohibits employees under age 18, including those
employed by a business with a grocery store beer
permit, from serving or selling alcoholic liquor.
ALCOHOLIC MANUFACTURER PERMIT
Retail Sales for Off-premises Consumption
The act allows manufacturer permittees that
produce less than 25,000 gallons of alcoholic liquor in a
calendar year to sell, at retail, their alcoholic liquor on
their premises for off-premises consumption.
The alcohol must be in sealed bottles or other
containers. Permittees must not sell to any individual
more than (1) 1.5 liters of alcoholic liquor per day or (2)
five gallons in a two-month period.
Retail sales are allowed only during the allowable
hours for alcohol sales for off-premises consumption.
(PA 15-244, 82, effective July 1, 2015, extended the
hours for off-premises alcohol sales by one hour:
Sundays from 10:00 a.m. to 6:00 p.m., rather than 5:00
p.m., and any other day from 8:00 a.m. to 10:00 p.m.,

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rather than 9:00 p.m.) By law, off-premises sale and


dispensing of alcohol are prohibited on Thanksgiving
Day, New Years Day, and Christmas Day.
Wholesale Distribution
Under prior law, manufacturer permittees could
distribute their own product at wholesale to retailers.
The act limits this ability to manufacturers, either alone
or in combination with any parent or subsidiary business
or related or affiliated party, that sell 10,000 gallons or
less in a calendar year.
The act eliminates manufacturer permittees ability
to apply for and obtain a wholesaler permit, which
allows them to distribute other alcohol permittees
products.
Tastings
Prior law allowed manufacturer permittees to offer
free tastings of up to 0.5 ounces per person. The act
instead limits tastings to two ounces per person per day.
CIDER TASTING
The act allows manufacturer permittees for cider to
offer free on-premises samples of cider and apple wine
manufactured on-premises. The cider manufacturers
may limit these tastings to visitors who have taken a
tour of the premises.
The tastings must not be more than two ounces per
patron and may only be conducted on the premises
between (1) 10:00 a.m. and 8:00 p.m. Monday through
Saturday and (2) 11:00 a.m. and 8:00 p.m. on Sunday.
Permittees must not offer or allow tastings by any minor
or intoxicated person. By law, any permittee that sells
or delivers alcoholic liquor to a minor or drunkard may
be subject to a maximum civil fine of $1,000 and a
criminal penalty of up to a $1,000 fine, up to one year
imprisonment, or both (CGS 30-86 & 30-113).
NONALCOHOLIC DRINKS
The act requires manufacturer permittees for beer,
cider, apple brandy and eau-de-vie, farm wineries,
brewpubs, and beer and brew pubs, or their agents, to
offer either (1) free potable water to anyone who
requests it or (2) nonalcoholic beverages for sale. They
are only required to provide these nonalcoholic
beverages during hours alcoholic liquor may be sold for
on-premises consumption. By law, alcohol sales for onpremises consumption are allowed between 9:00
a.m. and 1:00 a.m. the next morning on Monday
through Thursday, 9:00 a.m. and 2:00 a.m. the next
morning for Friday and Saturday, and 11:00 a.m. and
1:00 a.m. the next morning on Sunday (CGS 3091(a)).

The potable water must meet all federal and state


requirements for drinking water purity and be served in
a container that holds at least six ounces. The
Department of Consumer Protection (DCP) may
suspend, revoke, or refuse to grant or renew an
alcoholic permit if DCP has reasonable cause to believe
the permittee violated any portion of the acts
nonalcoholic drink requirements.
FARMERS MARKET BEER SALES PERMIT
The act creates a farmers market beer sales permit
that allows manufacturer permittees for beer, brewpubs,
and beer and brewpubs, to sell beer they manufacture at
up to three farmers market locations a year for an
unlimited number of appearances. The act requires the
DCP commissioner to issue such manufacturer
permittees a farmers market beer sales permit. The
permit is valid for one year and requires a $250 annual
fee, with a $100 nonrefundable filing fee.
In order to sell at a farmers market, the permittee
must (1) have an invitation from the farmers market;
(2) sell only sealed bottles of beer for off-premises
consumption; and (3) be present, or have an authorized
representative present, anytime beer is sold. The
permittee may only sell up to five liters of beer per day
to any one person.
Any town or municipality may, by ordinance or
zoning regulation, prohibit a farmers market beer sales
permittee from selling beer at a farmers market held in
such town or municipality.
(PA 15-30 allows beer, brewpub, and beer and
brewpub manufacturer permittees to also hold a
farmers market beer sales permit.)

PA 15-30SB 934
General Law Committee
AN ACT ALLOWING HOLDERS OF CERTAIN
BEER MANUFACTURING PERMITS TO ALSO
HOLD A FARMERS' MARKET BEER SALES
PERMIT
SUMMARY: This act allows beer, brewpub, and beer
and brewpub manufacturer permittees to also hold a
farmers market beer sales permit (created in PA 15-24,
10). The law generally prohibits holders of one class
of alcohol permit from also having another class of
permit, but allows many specific exceptions.
EFFECTIVE DATE: Upon passage

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PA 15-60sSB 975
General Law Committee
Judiciary Committee
AN ACT MAKING MINOR AND TECHNICAL
CHANGES TO DEPARTMENT OF CONSUMER
PROTECTION STATUTES

137

permit is issued. Under prior law, the applicant paid the


entire fee to DCP, which then remitted the applicable
portion to the municipality.
By law and unchanged by the act, both DCP and
the municipality retain the same fee amounts and
application review powers.
BACKGROUND

SUMMARY: This act increases, from $5,000 to


$10,000, the maximum restitution amount the
Department
of
Consumer
Protection
(DCP)
commissioner may order a respondent (the subject of a
hearing) to pay a consumer under the Connecticut
Unfair
Trade
Practices
Act
(CUTPA,
see
BACKGROUND).
The act also makes various unrelated changes in the
consumer protection statutes by:
1. allowing consumers who apply to the Home
Improvement and New Home Construction
Guaranty funds to receive payment if they
receive court orders and decrees, not just court
judgments, as under prior law;
2. removing the requirement that consumers
certify copies of court judgments when
applying to DCP for New Home Construction
Guaranty Fund payments;
3. amending the bazaar and raffle permitting
process by (a) eliminating the requirement that
applicants submit duplicate applications to
DCP and (b) changing the permit payment
process;
4. allowing golf ball-drop raffles to be conducted
from a payloader, bucket truck, crane or similar
vehicle, or platform, rather than just from a
helicopter, hot air balloon, or other hovering
aircraft; and
5. making technical changes concerning fire
sprinkler layout licenses and real estate
appraisers, thereby conforming the law to
current practice by respectively removing (a)
certain licenses that are not exempt from
certification requirements from the list of
exemptions and (b) language that does not
comply with federal guidelines.
The act also makes other technical changes.
EFFECTIVE DATE: October 1, 2015, and the guaranty
fund provisions are applicable to orders and decrees
entered on or after that date.
BAZAAR AND RAFFLE PERMIT PAYMENT
The act requires applicants to pay their bazaar and
raffle permit fees separately to DCP and the
municipality where the event is held. It also specifies
that the states permit fee is due when the application is
made, and the municipalitys portion is due when the

CUTPA
The law prohibits businesses from engaging in
unfair and deceptive acts or practices. CUTPA allows
the DCP commissioner to issue regulations defining
what constitutes an unfair trade practice, investigate
complaints, issue cease and desist orders, order
restitution in cases involving less than $5,000 (effective
October 1, 2015, this act increases the amount to
$10,000), enter into consent agreements, ask the
attorney general to seek injunctive relief, and accept
voluntary statements of compliance. It also allows
individuals to sue. Courts may issue restraining orders;
award actual and punitive damages, costs, and
reasonable attorneys fees; and impose civil penalties of
up to $5,000 for willful violations and $25,000 for
violation of a restraining order.
Home Improvement and New Home Construction
Guaranty Funds
The Home Improvement and New Home
Construction Guaranty funds are separate funds that can
reimburse consumers unable to collect for work
performed by either a registered (1) home improvement
contractor or salesman or (2) new home builder.
To collect from either fund, a consumer must have
been awarded a court judgment (or order and decree,
under this act) which the contractor lacks the funds to
satisfy. Consumers must apply to DCP to receive
payments.

PA 15-76HB 5027
General Law Committee
Public Health Committee
AN ACT CONCERNING COTTAGE FOOD
PRODUCTION
SUMMARY:
This act allows the preparation of food in private
residences for sale if it is done according to regulations
that the act requires the public health (DPH)
commissioner to adopt, after consulting with the
consumer protection (DCP) commissioner. (PA 15-242,
57, instead requires the DCP commissioner to adopt
the regulations after consulting with the DPH

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commissioner.)
The act also exempts home bakeries from the laws
bakery licensing requirement. Under prior law, home
bakeries had to be licensed by DCP. Among other
requirements, bakeries must pass a DCP inspection to
be licensed.
Existing law allows the sale of home-made food in
certain circumstances, including (1) specified products
prepared at residential farms (jams, jellies, preserves,
acidified food products, and maple syrup) and (2) foods
prepared for bake sales or similar events (CGS 21a24a, -24b, and -115).
EFFECTIVE DATE: October 1, 2015

PA 15-104SB 158
General Law Committee
AN ACT CONCERNING LANDSCAPE
ARCHITECT LICENSES
SUMMARY: This act (1) requires individuals to have
a bachelors degree to take the examination required to
obtain a Connecticut landscape architect license and (2)
reduces, for certain applicants, the amount of practical
experience needed to qualify to take the examination.
By law, a person is eligible to take the examination
if he or she (1) has a degree in landscape architecture
from an accredited college or school and (2) has at least
two years practical experience directly supervised by a
licensed landscape architect.
Prior law also allowed an individual without a
landscape architecture degree to take the examination if
he or she had eight years practical experience in
landscape architectural work of a grade and character
satisfactory to the State Board of Landscape Architects.
The act instead requires these applicants to have at least:
1. a bachelors degree in a discipline related to
landscape architecture or in landscape
architecture from an unaccredited college, if
the board determines, with the consumer
protection commissioners consent, that the
curriculum is consistent with an accredited
program and
2. four years practical experience directly
supervised by a licensed landscape architect.
The act also makes technical changes.
EFFECTIVE DATE: Upon passage

PA 15-116sHB 5771
General Law Committee
AN ACT AUTHORIZING PHARMACISTS TO
DISPENSE DRUGS IN NINETY-DAY
QUANTITIES
SUMMARY: This act allows a pharmacist to refill a
prescription for a drug, other than a controlled drug, in
an amount greater than the initial quantity prescribed by
the practitioner if the:
1. refill is made after the initial prescription is
dispensed and does not exceed (a) a 90-day
supply and (b) the total quantity authorized by
the practitioner;
2. practitioner does not indicate that the initial or
refill quantity cannot be changed;
3. pharmacist informs the practitioner of the refill
at the earliest reasonable time, but no later than
48 hours after the refill; and
4. patients health insurance policy or health
benefit plan, if any, will cover the refill
quantity at no additional coinsurance,
deductible, or other out-of-pocket expense
from the patient.
By law, controlled drugs are generally those (1)
with a depressant, stimulant, or hallucinogenic effect
upon the higher functions of the central nervous system
and (2) that tend to promote abuse or dependence (CGS
21a-240).
EFFECTIVE DATE: July 1, 2015

PA 15-136HB 6451
General Law Committee
AN ACT PROHIBITING MANDATORY
REGISTRATION FOR CERTAIN CONSUMER
WARRANTY COVERAGE
SUMMARY:
This act prohibits manufacturers,
distributors, or retailers from conditioning the initial
term of an express warranty for consumer goods on the
consumer registering the goods. The act does not
provide any penalties for violations.
Under the act, an express warranty is a written
statement arising from a sale of consumer goods to a
consumer in which the manufacturer, distributor, or
retailer agrees to preserve, maintain, or provide
compensation for a failure in the utility or performance
of the goods. Consumer goods are goods used or
bought for use primarily for personal, family, or
household purposes.
EFFECTIVE DATE: July 1, 2015

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PA 15-202sHB 5780
General Law Committee
AN ACT LEGALIZING INDUSTRIAL HEMP
SUMMARY: This act legalizes industrial hemp by
removing it from state laws definitions of marijuana
and cannabis-type substances, thereby removing its
classification as a controlled substance. It thus allows
industrial hemp to be grown, used, and sold under state
law.
The act uses the same definition of industrial hemp
as a recent federal law. Under that law, industrial hemp
means the plant Cannabis sativa L. and any part of the
plant whether growing or not, with a delta-9
tetrahydrocannabinol (THC) concentration of no more
than 0.3% on a dry weight basis. (1% THC is generally
considered the threshold for inducing intoxication or
psychotropic effect.)
Under state law, except for authorized medical
purposes, anyone manufacturing or selling marijuana
may be subject to felony penalties. Anyone possessing
marijuana for non-medical purposes is subject to
penalties ranging from a civil fine to a felony,
depending on the amount. (PA 15-2, June Special
Session, effective October 1, 2015, generally lowers the
maximum penalty for possession to a misdemeanor.)
EFFECTIVE DATE: July 1, 2015
BACKGROUND
Federal Law
The federal Controlled Substances Act defines
marijuana to include all parts of the Cannabis sativa L.
plant regardless of THC level (21 USC 802(16)).
Under the 2014 Agricultural Act, a higher
education institution or state agriculture department may
grow or cultivate industrial hemp under a pilot program
or other research program that meets certain conditions,
if allowed under state law (7 USC 5940).

PA 15-219sSB 28
General Law Committee
Public Health Committee
AN ACT CONCERNING MANUFACTURER
NAMES, MEDWATCH REPORTING
INFORMATION AND BRAND NAMES ON
GENERIC DRUG CONTAINERS
SUMMARY:
This act expands the information
pharmacists must provide when dispensing generic
prescription drugs.

139

For drugs sold only by generic name, the act


requires pharmacists to include the (1) manufacturers
name and (2) website and toll-free telephone number of
MedWatch, the U.S. Food and Drug Administrations
drug safety and reporting program. This information
may be placed on the prescription containers label,
packaging, or receipt.
If a pharmacist substitutes a generic name drug for
a brand name drug, the act requires the pharmacist to
include on the prescription containers label the name of
the (1) generic drug in the container and (2) brand name
drug prescribed. (Pharmacists are generally allowed to
substitute a generic drug for a prescribed drug if it is of
the same strength, quantity, dose, and dosage form and
the pharmacist believes it is therapeutically equivalent
(CGS 20-619).)
The law already requires pharmacists to include, on
all prescription drug labels, (1) the quantity of the
prescribed drug, (2) an expiration date, and (3) any
other information required by law.
EFFECTIVE DATE: January 1, 2016

PA 15-230sSB 99
General Law Committee
Judiciary Committee
AN ACT CONCERNING NEW CAR DEALERS
AND INFORMATION REGARDING THE
MAGNUSON-MOSS WARRANTY ACT,
WRITTEN NOTICE FOR HOMEMAKER OR
COMPANION SERVICE REGISTRIES AND
TELEPHONE SOLICITORS WHO MAKE
UNSOLICITED AND INTENTIONALLY
MISLEADING TELEPHONE CALLS TO
CONSUMERS
SUMMARY: This act makes three unrelated changes.
It requires:
1. the Department of Consumer Protection (DCP)
commissioner to compensate anyone who
provides material information that results in
DCP investigating a telephone solicitor for
certain illegal acts that intentionally try to
mislead a consumer,
2. new car dealers to provide a written statement
notifying a purchaser that federal law prohibits
voiding a warranty simply because aftermarket
or recycled parts were used on the vehicle or
someone other than the dealer serviced the
vehicle, and
3. a shorter timeframe for homemaker-companion
registries to provide a notice to consumers.
EFFECTIVE DATE:
July 1, 2015, except the
homemaker-companion registry notice provision takes
effect October 1, 2015.

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INTENTIONALLY MISLEADING TELEPHONE


CALLS
The act requires the DCP commissioner to
compensate anyone who provides material information
to DCP that results in the investigation of a telephone
solicitor for intentionally (1) using a blocking device or
service to circumvent a consumers caller identification
device or (2) transmitting inaccurate or misleading
caller identification information.
The amount must be paid out of proceeds the state
collects from enforcing existing law (presumably for the
particular enforcement action). The commissioner
determines a reasonable payment, which must be
between 15% and 30% of the total amount recovered.
By law, a violation is (1) deemed an unfair or deceptive
trade practice (see BACKGROUND) and (2) subject to
an additional fine of up to $20,000 (CGS 42-288a(g)
& (k)).
NEW CAR DEALER NOTICE ON WARRANTY
The act requires new car dealers to deliver to the
purchaser of a new vehicle, at the time of sale, the
following written statement in at least 10-point boldface
type:
The Magnuson-Moss Warranty Act,
15 USC 2301 et seq., makes it illegal
for motor vehicle manufacturers or
dealers to void a motor vehicle
warranty or deny coverage under the
motor vehicle warranty simply
because an aftermarket or recycled
part was installed or used on the
vehicle or simply because someone
other than the dealer performed
service on the vehicle. It is illegal for
a manufacturer or dealer to void your
warranty or deny coverage under the
warranty simply because you used an
aftermarket or recycled part. If it turns
out that an aftermarket or recycled
part was itself defective or wasn't
installed correctly and it causes
damage to another part that is covered
under the warranty, the manufacturer
or dealer has the right to deny
coverage for that part and charge you
for any repairs. The Federal Trade
Commission
requires
the
manufacturer or dealer to show that
the aftermarket or recycled part
caused the need for repairs before
denying warranty coverage.

Under the act, an aftermarket part is one made by


a company other than the vehicle manufacturer or
original equipment manufacturer, and a recycled part
is a part made for and installed in a new vehicle by the
manufacturer or the original equipment manufacturer
and later removed from the vehicle and made available
for resale or reuse.
The act does not specify any penalties for failing to
provide the notice.
HOMEMAKER-COMPANION SERVICES
REGISTRY
The act reduces, from seven calendar days to four,
the timeframe in which a homemaker-companion
service registry must provide a written notice for the
consumer to sign. By law, the notice must (1) be
provided after the registry supplies, refers, or places an
individual with the consumer and (2) state the registry's
legal liabilities to the companion or homemaker.
By law, such a registry is a person or entity
engaged in the business of supplying or referring an
individual to, or placing an individual with, a consumer
to provide homemaker or companion services when the
homemaker or companion is either (1) directly
compensated, in whole or in part, by the consumer or
(2) treated, referred to, or considered by the supplying
person or entity as an independent contractor.
BACKGROUND
Connecticut Unfair Trade Practices Act (CUTPA)
The law prohibits businesses from engaging in
unfair and deceptive acts or practices. CUTPA allows
the DCP commissioner to issue regulations defining
what constitutes an unfair trade practice; investigate
complaints; issue cease and desist orders; order
restitution in cases involving less than $5,000 (effective
October 1, 2015, PA 15-60 increases this amount to
$10,000); enter into consent agreements; ask the
attorney general to seek injunctive relief; and accept
voluntary statements of compliance. It also allows
individuals to sue. Courts may issue restraining orders;
award actual and punitive damages, costs, and
reasonable attorneys fees; and impose civil penalties of
up to $5,000 for willful violations and $25,000 for
violation of a restraining order.

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PA 15-1SB 384
Government Administration and Elections Committee
AN ACT PERMITTING THE WAIVER OF STATE
AGENCY ELECTRONIC FILING
REQUIREMENTS AND CONCERNING SPECIAL
ELECTIONS FOR MAYORAL VACANCIES
SUMMARY: This act creates an exception to the
special election calendar in a municipality with a
population of more than 60,000 and in which a mayoral
vacancy occurred between April 15 and April 18, 2015.
It (1) requires such a municipality to hold a special
election to fill the vacancy within 45 days after the
vacancy occurs and (2) establishes procedures for
nominating candidates.
The act also authorizes executive branch state
agencies to waive certain electronic correspondence and
filing requirements for their clients and other members
of the public with whom they conduct business. The
law requires executive branch state agencies to (1) use
e-mail to notify and correspond with clients whenever
possible and when not in conflict with state law and (2)
explore the feasibility of converting all applications and
forms used by the public to electronic format.
Under the act, an executive branch state agency that
uses e-mail to notify and correspond with clients may
waive the requirement, for good cause, upon a clients
request. Similarly, an agency that requires electronic
applications or forms may waive the requirement, for
good cause, upon request by an applicant, individual, or
business.
EFFECTIVE DATE: Upon passage for the special
election calendar provisions; October 1, 2015 for the
electronic filing provisions.
CERTAIN MUNICIPAL OFFICE VACANCIES
The law generally requires that municipal office
vacancies be filled under a special election calendar that
provides for (1) notice to the party chairpersons at least
three weeks before the time for party endorsements; (2)
party endorsements, due 49 days before the primary;
and (3) a primary, held 56 days before the election
(CGS 9-164).
For a municipality with a population of more than
60,000 people where a vacancy in the office of mayor
occurred between April 15 and April 18, 2015, the act
instead requires that the election occur within 45 days
after the date of the vacancy. The legislative body must
determine the election date, and notice of that date must
be filed with the town clerk.
Procedures
Under the act, as soon as the vacancy occurs, the
town clerk must file a notice of the office to be filled

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with the secretary of the state and the chairperson of


each major and minor party town committee in the
municipality. Parties may not hold primaries; they must
nominate candidates and certify the nominations to the
town clerk in accordance with their party rules by the
36th day before the election. Similarly, the act allows
petitioning candidates to submit petitions to the town
clerk by the 36th day before the election. The petitions
must be filed with the secretary of the state no more
than two days after the filing with the town clerk. The
town clerk must provide notice of the special election
under the procedures for regular municipal elections
(e.g., publish notice in a newspaper between five and 15
days before the election).
BACKGROUND
Related Act
PA 15-61 (also effective October 1, 2015)
eliminates agencies discretion to waive the use of
electronic notice and correspondence requirements.
Instead, it requires agencies to exempt a person from
these requirements if the person requests an exemption
and provides written notice to the agency of a hardship.
These hardships may include (1) a lack of access to a
device capable of electronic filing or (2) incompatibility
of a specific filing with the electronic filing system.

PA 15-15sSB 850
Government Administration and Elections Committee
AN ACT AMENDING THE CODE OF ETHICS
FOR LOBBYISTS TO REDEFINE
"EXPENDITURE" AND RAISE THE
THRESHOLD FOR LOBBYIST REGISTRATION
SUMMARY: This act increases, from $2,000 to
$3,000, the income and expenditure thresholds requiring
a person to register as a lobbyist with the Office of State
Ethics (OSE). It requires a person to register with OSE
if he or she, in a calendar year, receives, spends, or
agrees to receive or spend at least $3,000, rather than
$2,000, to lobby. Similarly, the act requires registered
lobbyists that are (1) associations, groups, or
organizations and (2) formed primarily for lobbying to
include with their biennial registration the names and
addresses of everyone who contributes at least $3,000,
rather than $2,000, to their lobbying activities in any
calendar year.
The act exempts from the definition of a lobbying
expenditure the costs to an entity for transporting its
members, shareholders, or employees to or from a
specific site, as long as these individuals received no
other compensation or reimbursement for lobbying. It

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also specifies that existing laws expenditure exemption


for an entitys publication of a newsletter or other
release to its members, shareholders, or employees (1)
must be intended primarily for these individuals (prior
law referred only to communications made to these
individuals) and (2) applies whether the communication
is in paper or electronic form or made orally during a
regularly noticed meeting.
The act also makes technical changes.
EFFECTIVE DATE: January 1, 2016

PA 15-18HB 6671
Government Administration and Elections Committee
AN ACT CONCERNING THE LEGISLATIVE
COMMISSIONERS' RECOMMENDATIONS FOR
TECHNICAL AND MINOR REVISIONS TO THE
GOVERNMENT ADMINISTRATION STATUTES
SUMMARY: This act makes minor and technical
changes in government administration statutes.
Specifically, it amends the definition of quasi-public
agency to incorporate changes made in PA 14-212 and
PA 14-217 that were not codified because of conflicting
effective dates.
It clarifies that both initial and
successor members of the Connecticut Commuter Rail
Council serve four-year terms and undergo confirmation
by the General Assembly. Finally, the act corrects
internal references and removes a redundant reporting
provision.
EFFECTIVE DATE: Upon passage, except for the
sections reconciling the 2014 public acts, which are
effective October 1, 2015.

PA 15-43SB 849
Government Administration and Elections Committee
AN ACT CONCERNING THE DISCLOSURE OF
LEASES OR CONTRACTS WITH QUASIPUBLIC AGENCIES AND THE NAMES OF
SECURITIES IN STATEMENTS OF FINANCIAL
INTEREST
SUMMARY: This act requires people who must file a
statement of financial interests (SFI) with the Office of
State Ethics to include in the SFI leases or contracts that
they, their spouses, dependent children residing with the
filer, or an associated business hold or have entered into
with a quasi-public agency. Under prior law, this
requirement applied to leases or contracts with state
agencies only. By law, an associated business is any
business entity in which a public official, state
employee, or immediate family member is a director,
officer, owner, limited or general partner, trust

beneficiary, or a stockholder with 5% or more of the


total outstanding stock in any class. Associated
businesses do not include nonprofit entities for which
the person is an unpaid officer or director (CGS 179(2)).
The act also modifies the SFI disclosure
requirements for certain securities. Under prior law, SFI
filers had to disclose the names of all securities with a
fair market value exceeding $5,000 that they, their
spouses, or dependent children owned, or that were held
in the name of a corporation, partnership, or trust for the
benefit of these individuals. The act eliminates this
requirement for securities that are held within (1) a
retirement savings plan under Section 401 of the federal
Internal Revenue Code (IRC), (2) a payroll deduction
individual retirement account plan under IRC Sections
408 or 408A, (3) a governmental deferred compensation
plan under IRC Section 457, or (4) an education savings
plan under IRC Section 529. It instead requires the filer
to disclose only the name of the applicable plan holding
these securities.
By law, a person must file an SFI if he or she is,
among other things, a (1) statewide elected officer,
legislator, department head or deputy department head,
member or director of a quasi-public agency, member of
the Investment Advisory Council, or state marshal; (2)
member of the Executive Department designated by the
governor; or (3) quasi-public agency employee
designated by the governor. The SFIs must be filed
annually by May 1.
EFFECTIVE DATE: January 1, 2016

PA 15-61sSB 1082
Government Administration and Elections Committee
AN ACT PERMITTING STATE AGENCIES TO
ESTABLISH ELECTRONIC FILING SYSTEMS
FOR AGENCY PROCEEDINGS AND
REQUIRING THE WAIVER OF STATE AGENCY
ELECTRONIC FILING AND COMMUNICATION
REQUIREMENTS
SUMMARY: This act allows state agencies to use
email delivery to send certain recipients copies of (1)
final decisions made in a Uniform Administrative
Procedure Act (UAPA) contested case, (2) rulings and
actions in response to petitions for declaratory rulings,
and (3) declaratory rulings. It does so by defining
personal delivery under the UAPA as delivery
directly to the intended recipient or his or her designated
representative, including e-mail delivery to an address
the recipient identifies as an acceptable means of
communication. By law, copies of final decisions in
contested cases, rulings and actions in response to

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petitions for declaratory rulings, and declaratory rulings


must be either mailed or personally delivered.
The act also allows an agency to suspend any
requirements in its regulations governing its rules of
practice for paper filing or document service for formal
and informal agency proceedings. It instead allows the
agency to establish an electronic filing system for the
filings and service. Before establishing the system, the
agency must give 30 days notice on its website and in
the Connecticut Law Journal, including instructions for
using the system.
The act requires agencies to exempt a person from
electronic filing if the person requests an exemption and
provides written notice to the agency of a hardship.
Such hardships include (1) a lack of access to a device
capable of electronic filing or (2) incompatibility of a
specific filing with the electronic filing system. The act
similarly requires agencies to exempt a person, under
the circumstances stated above, from any requirements
to electronically receive notification from or correspond
with the agency.
The act eliminates provisions established in PA 151 (which is also effective October 1, 2015) that make
waiving the use of electronic correspondence and filing
discretionary for agencies. Under PA 15-1, an executive
branch state agency that uses e-mail to notify and
correspond with clients may, for good cause, waive the
requirement upon a client's request. Similarly, an
agency that requires electronic applications or forms
may, for good cause, waive the requirement upon
request by an applicant, individual, or business.
The act also makes technical and conforming
changes.
EFFECTIVE DATE: October 1, 2015

PA 15-73SB 877
Government Administration and Elections Committee
AN ACT CONCERNING REVISIONS TO
STATUTES CONCERNING THE DEPARTMENT
OF ADMINISTRATIVE SERVICES
SUMMARY:
This act makes several unrelated
changes affecting the Department of Administrative
Services (DAS). Among other things, it:
1. specifies that a sale of surplus state property is
deemed approved by the legislatures Finance
and Government Administration and Elections
(GAE) committees if they both waive their
right to hold a meeting concerning the sale;
2. (a) expands the departments Technical
Services Revolving Funds permitted uses and
(b) modifies the funds review requirements;
and

143

3.

eliminates an obsolete requirement that DAS


set aside space for child care facilities in
certain state buildings.
The act allows the DAS commissioner to extend the
expiration date of a businesss certification for the small
and minority-owned business set-aside program. By
law, a certification is valid for up to two years; the act
allows the commissioner to extend this period by up to
six months if she determines that it is warranted ( 1)
(see BACKGROUND).
The act also eliminates a requirement that DAS
conduct annual training sessions for members of public
agencies on access to and disclosure of computer-stored
public records under the Freedom of Information Act
(FOIA). By law, the Freedom of Information
Commission must conduct annual training sessions for
members of public agencies on access to and disclosure
of public records under FOIA generally ( 4).
Lastly, the act eliminates the defunct Capital
Equipment Data Processing Revolving Fund. Prior law
required that the fund be used for purchasing data
processing equipment and related items necessary to
maintain or improve the states data processing
functions ( 6).
EFFECTIVE DATE: July 1, 2015
2 SALES OF SURPLUS STATE PROPERTY
By law, the DAS commissioner must submit
proposed sales of surplus state property to the
legislature's Finance and GAE committees.
The
committees have 30 days after receiving an agreement
to approve or disapprove it or notify the commissioner
that they waive their right to hold a meeting. The
agreement is deemed approved if the committees do not
act within this time period. The act specifies that the
agreement is also deemed approved if the committees
notify the commissioner that they waive their right to
hold a meeting within that time period.
3 TECHNICAL SERVICES REVOLVING FUND
The act allows DASs Technical Services
Revolving Fund to also be used for purchasing,
installing, and using telecommunication systems. Under
prior law, the funds use was limited to purchasing,
installing, and using information systems. By law,
telecommunication systems are telephone equipment
and transmission facilities, either alone or in
combination with information systems, used to
electronically distribute all forms of information,
including voice, data, and images.
Under prior law, the DAS commissioner and Office
of Policy and Management (OPM) secretary had to
develop
appropriate
review
procedures
and
accountability standards for the fund and measures for

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determining its performance. The act instead requires


the (1) commissioner and secretary to regularly review
the fund using generally accepted accounting principles
and (2) Auditors of Public Accounts to conduct an
annual comprehensive financial review of the fund.

PA 15-77HB 5174
Government Administration and Elections Committee

5 & 6 CHILD CARE FACILITIES IN STATE


BUILDINGS

SUMMARY: This act designates Michaela Petit's


Four-O'Clocks, Mirabilis jalapa, as the children's state
flower.
EFFECTIVE DATE: Upon passage

The act eliminates an obsolete requirement that


DAS set aside space for child care facilities in certain
state buildings. Under prior law, DAS had to set aside
the space if there was an unmet need for child care for at
least 30 children of a buildings employees and other
potential participants, as determined by the Office of
Early Childhood with DASs assistance. The
requirement applied to state buildings that accommodate
300 or more state employees and that the state (1)
constructs, acquires, or receives as a gift or (2) alters,
repairs, or makes additions to, if the alterations, repairs,
or additions affect 25% or more of the buildings square
footage.
BACKGROUND
Set-Aside Program
By law, state agencies and political subdivisions
(other than municipalities, under prior law) must set
aside 25% of the total value of all contracts they let for
construction, goods, and services each year for
exclusive bidding by certified small contractors (i.e.
small business enterprises (SBE)). The agencies must
further reserve 25% of the set-aside value (6.25% of the
total) for exclusive bidding by certified minority
business enterprises (MBE). (PA 15-5, June Special
Session, subjects certain public works contracts
awarded by municipalities to these requirements.)
An SBE is a business that (1) maintains its principal
place of business in Connecticut, (2) had gross revenues
of $15 million or less during its most recent fiscal year,
and (3) is independent. MBEs are small businesses
owned by women, minorities, or people with disabilities
who have managerial and technical competence and
experience directly related to their principal business
activities (CGS 4a-60g).

AN ACT ESTABLISHING A CHILDREN'S STATE


FLOWER

PA 15-87HB 6100
Government Administration and Elections Committee
AN ACT DESIGNATING SPINAL MUSCULAR
ATROPHY WITH RESPIRATORY DISTRESS
AWARENESS DAY AND DWARFISM
AWARENESS MONTH
SUMMARY:
This act requires the governor to
proclaim February 10 of each year as Spinal Muscular
Atrophy with Respiratory Distress (SMARD)
Awareness Day to heighten public awareness of
SMARDs symptoms and available treatments. It
requires that suitable exercises be held in the State
Capitol and elsewhere as the governor designates.
The act also requires the governor to proclaim
October of each year as Dwarfism Awareness Month to
heighten public awareness of dwarfisms symptoms and
available treatments. It authorizes suitable exercises to
be held in the State Capitol and elsewhere as the
governor designates.
EFFECTIVE DATE: Upon passage
BACKGROUND
SMARD
SMARD is a rare motor neuron disorder referred to
as an orphan disease because there are so few
reported cases.
It undermines voluntary muscle
function and usually manifests itself during infancy.
One of its main symptoms is respiratory failure due to
diaphragmatic paralysis.

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PA 15-119HB 6694
Government Administration and Elections Committee
Housing Committee
AN ACT CONCERNING FREEDOM OF
ASSOCIATION IN PUBLIC HOUSING
SUMMARY: This act prohibits municipalities and
entities operating state- or federally-funded public
housing projects from barring tenants from using
common facilities or community rooms for political
activities. Under the act, political activity includes:
1. an event organized for a political party or
candidate for office;
2. initiating, circulating, or signing petitions;
3. community political meetings;
4. campaigning for or against proposed referenda
questions,
constitutional
amendments,
legislation, or municipal ordinances; or
5. expressing opinions about candidates and
political or social issues.
By law, entities operating state- or federally-funded
public housing projects are housing authorities,
nonprofit corporations, and municipal developers.
EFFECTIVE DATE: July 1, 2015

PA 15-123sHB 6747
Government Administration and Elections Committee
AN ACT REVISING CERTAIN STATUTES
CONCERNING THE STATE COMPTROLLER
SUMMARY:
This act makes unrelated changes
affecting the (1) statewide accounting and personnel
system (CORE-CT) and (2) comptroller's duties.
Concerning CORE-CT, it requires the comptroller to
report to the governor and General Assembly on the
systems status biennially, rather than annually, starting
by October 1, 2015. It also eliminates the CORE-CT
policy board, which was responsible for (1) maintaining
the constitutional and statutory independence of the
legislative, executive, and judicial branches with respect
to system implementation and operation and (2)
establishing policies and procedures for data access and
security.
The act transfers, from the comptroller to the (1)
Department of Administrative Services, responsibility
for receiving and depositing in the General Fund
insurance company refunds, dividends, and other
payments to the state in connection with state insurance
and (2) State Insurance and Risk Management Board,
responsibility for obtaining fire and casualty insurance
coverage for the Connecticut building at the Eastern
States Exposition (Big E).

145

The act clarifies that the comptroller is a nonvoting,


ex-officio member of the Connecticut State Employees
Retirement Commission and authorizes him to have a
designee. It also requires the comptroller to report
annually by April 30, rather than March 30, on the state
employee flexible spending account (FSA) programs.
Finally, the act makes technical and conforming
changes.
EFFECTIVE DATE: Upon passage, except the
provisions on the Big E and FSA program reporting are
effective July 1, 2015.

PA 15-142sSB 949
Government Administration and Elections Committee
Insurance and Real Estate Committee
Judiciary Committee
AN ACT IMPROVING DATA SECURITY AND
AGENCY EFFECTIVENESS
SUMMARY: This act establishes protocols to protect
confidential information (CI) that an entity obtains from
a state contracting agency under a written agreement to
provide goods or services to the state. Under the act, if
an agreement requires a state contracting agency to
share CI with a contractor, the contractor must, at its
own expense, take certain steps to prevent data
breaches. Among other things, contractors must:
1. implement and maintain a comprehensive data
security program to protect CI;
2. limit CI access to authorized employees and
agents for authorized purposes under
confidential agreements;
3. use certain technology, such as firewalls and
intrusion detection software, to maintain all
data obtained from state contracting agencies;
and
4. report actual or suspected data breaches to the
attorney general and state contracting agency.
The act also amends existing laws security breach
notification requirements applicable to any person who
conducts business in Connecticut. It generally requires
the person to (1) notify impacted state residents of a
breach within 90 days after discovering it and (2) offer
at least one year of free identity theft prevention and
mitigation services.
The act requires each health insurer, HMO, and
related entity, by October 1, 2017, to implement and
maintain a comprehensive information security program
to safeguard the personal information these entities
compile or maintain on insureds and enrollees. It
specifies program requirements, requires that the
program be updated at least annually, and requires the
entities to offer at least one year of free identity theft
prevention and mitigation services if a breach occurs.

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The act requires the Office of Policy and


Management (OPM) secretary to (1) develop a program
to access, link, analyze, and share data maintained by
executive agencies and (2) respond to queries from state
agencies and private requestors. It requires the OPM
secretary to:
1. establish policies and procedures to review and
respond
to queries
while protecting
confidential data,
2. develop and implement a secure information
technology solution to link data across
executive agencies, and
3. execute an agreement with each agency on
data-sharing.
The act also prohibits anyone, from July 1, 2016 to
July 1, 2017, from offering a new smartphone model for
retail sale in Connecticut unless the smartphone has
certain features to prevent unauthorized use. Lastly, it
makes technical changes.
EFFECTIVE DATE: July 1, 2015, except that (1)
certain technical changes are effective upon passage; (2)
the provisions concerning (a) existing laws notification
requirements and (b) the security program for health
insurers, HMOs, and other entities are effective October
1, 2015; and (3) the smartphone provisions are effective
July 1, 2016.
1 & 2 STATE CONTRACTOR
REQUIREMENTS
Confidential Information
With respect to information possessed by a state
contractor, the act defines confidential information as:
1. a persons name, date of birth, or mothers
maiden name;
2. any of the following numbers: motor vehicle
operators license, Social Security, employee
identification,
employer
or
taxpayer
identification, alien registration, passport,
health insurance identification, demand deposit
or savings account, or credit or debit card;
3. unique biometric data such as fingerprint, voice
print, retina or iris image, or other unique
physical representation;
4. personally identifiable information and
protected health information, as defined in
federal education and patient data regulations,
respectively; or
5. any information that a state contracting agency
tells the contractor is confidential.
CI does not include information that may be
lawfully obtained from public sources or from federal,
state, or local government records lawfully made
available to the general public.

Contractor Security Protocols


Except in cases where the OPM secretary allows
for alternate security assurance measures (see
Additional Protections and Exceptions, below), every
written agreement that authorizes a state contracting
agency to share CI with a contractor must require the
contractor to do at least the following:
1. at its own expense, protect from a CI breach all
CI it has or controls, wherever and however
stored or maintained;
2. implement and maintain a comprehensive data
security program to protect CI (see below);
3. limit CI access to the contractors authorized
employees and agents for authorized purposes
as necessary to complete contracted services or
provide contracted goods;
4. maintain all CI obtained from state contracting
agencies (a) in a secure server, (b) on secure
drives, (c) behind firewall protections and
monitored by intrusion detection software, (d)
in a manner where access is restricted to
authorized employees and agents, and (e) as
otherwise required under state and federal law;
and
5. implement, maintain, and update security and
breach investigation procedures that are (a)
appropriate given the nature of the information
disclosed and (b) reasonably designed to
protect CI from unauthorized access, use,
modification, disclosure, manipulation, or
destruction.
Under the act, a state contracting agency is a state
agency, led by a department head (e.g., the Department
of Administrative Services), that discloses CI to a
contractor pursuant to a written agreement to provide
goods or services for the state.
Data Security Program. The safeguards in the
contractors required data security program must be
consistent with and comply with the safeguards for
protecting CI, as set forth in all applicable federal and
state laws and the written policies of the state in the
agreement. The program must at least include:
1. a security policy for employees on storing,
accessing, and transporting data with CI;
2. reasonable restrictions on accessing records
with CI, including the area where the records
are kept, and secure passwords for
electronically stored records;
3. a process for reviewing policies and security
measures at least annually; and
4. a mandatory, active, and ongoing employee
security awareness program for all employees
with access to CI provided by the state
contracting agency.

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At a minimum, the security awareness program


must advise the employees of the informations
confidentiality, safeguards required to protect the
information, and any applicable state and federal civil
and criminal penalties for noncompliance.
Data Storage. The act prohibits contractors, unless
specified in the agreement, from:
1. storing CI on stand-alone computer or
notebook hard disks or portable storage devices
such as external or removable hard drives,
flash cards, flash drives, compact disks, or
digital video disks or
2. copying, reproducing, or transmitting CI except
as necessary to complete contracted services or
provide contracted goods.
All copies of CI data, including modifications or
additions to the data, are subject to the provisions
governing the original data.
CI Breaches
With respect to state contractors, the act defines
confidential information breach as any instance where
an unauthorized person or entity accesses CI that is
subject to or otherwise used in conjunction with any
part of a written agreement with a state contracting
agency. This includes instances in which:
1. CI not encrypted or secured by any other
method or technology that makes the personal
information unreadable or unusable is
misplaced, lost, stolen, or subject to
unauthorized access;
2. a third party, without prior written state
authorization, accesses or takes control or
possession of (a) unencrypted or unprotected
CI or (b) encrypted or protected CI and the
confidential process or key capable of
compromising its integrity; or
3. there is a substantial risk of identity theft or
fraud of the client of the state contracting
agency, contractor, state contracting agency, or
state.
Notification of Data Breaches. Under the act, the
agreement between the agency and contractor must
require the contractor to take certain actions in the case
of an actual or suspected CI breach. The contractor
must:
1. notify the contracting agency and attorney
general, as soon as practical, after becoming
aware or having reason to believe that a breach
occurred;
2. immediately stop using the data provided by
the contracting agency or developed internally
by the contractor pursuant to a written
agreement with the state, if the contracting
agency directs the contractor to do so; and

147

submit to the attorney generals office and the


contracting agency, following a timetable
established in the contractors agreement with
the agency, a report either (a) detailing the
breach and providing a plan to mitigate its
effects with the steps taken to prevent future
breaches or (b) explaining why, upon further
investigation,
the contractor believes no
breach occurred.
The act specifies that the report is not subject to
disclosure under the Freedom of Information Act
(FOIA). The agreement between the contractor and
agency must also specify how the cost of any
notification about, or investigation into, a CI breach is
to be apportioned when the agency or contractor is the
subject of a breach.
The act allows the notice to the contracting agency
and attorney general to be delayed if a law enforcement
or intelligence agency informs the contractor that the
notification would impede a criminal investigation or
jeopardize homeland or national security. If the notice is
delayed, the contractor must provide it to the
contracting agency as soon as reasonably feasible.
The act also allows the notice to be delayed at the
contracting agencys sole discretion based on the report
and, if applicable, plan provided. However, since the
notice appears to precede the report and the plan, it is
unclear how it could be delayed based on the report and
plan.
Under the act, the attorney general may investigate
and bring a civil action in Hartford Superior Court
against contractors who violate its provisions. The act
does not create a private right of action.
The acts requirements for data security are in
addition to others in existing law (see 6 GENERAL
REQUIREMENTS FOR SECURITY BREACH
NOTIFICATIONS, below). The acts provisions with
regard to contractors must not be construed to supersede
a contractors obligations under the Health Insurance
Portability and Accountability Act (HIPAA), the Family
Educational Rights and Privacy Act (FERPA), or any
other applicable federal or state law (see
BACKGROUND).
Breaches of Education Records. If CI has education
records with personally identifiable information, as
defined under federal regulations, the contractor may be
subject to a five-year ban on receiving access to such
information, imposed by the State Department of
Education. The information in this case is:
1. the name or address of a student, his or her
parents, or other family members;
2. a personal identifier (e.g., a students Social
Security number);
3. other information that, alone or in combination,
is linked or linkable to a specific student that
would allow a reasonable person in the school
3.

2015 OLR PA Summary Book

148

GOVERNMENT ADMINISTRATION AND ELECTIONS COMMITTEE

4.

community to identify the student with


reasonable certainty; or
information requested by anyone who the
educational agency or institution reasonably
believes knows the identity of the student to
whom the record relates (34 CFR 99.3).

Additional Protections and Exceptions


Under the act, the OPM secretary, or his designee,
may require additional protections or alternate security
assurance measures for CI if the facts and circumstances
warrant them after considering, among other factors,
the:
1. type and amount of CI being shared,
2. purpose for which the CI is being shared, and
3. types of goods or services covered by the
contract.
6 GENERAL REQUIREMENTS FOR
SECURITY BREACH NOTIFICATIONS
The act amends the security breach notification
requirements applicable to any person who conducts
business in Connecticut.
Existing law generally requires anyone who
conducts business in the state and who, in the ordinary
course of business, owns, licenses, or maintains
computerized data that includes personal information to
disclose a security breach without unreasonable delay to
state residents whose personal information has been, or
is reasonably believed to have been, accessed by an
unauthorized person. It also requires the person to notify
the attorney general of the security breach not later than
when the affected residents are notified. Failing to
notify the residents or attorney general constitutes an
unfair trade practice under the Connecticut Unfair Trade
Practices Act (CUTPA) (see BACKGROUND).
The act specifies that these notices must be given
within 90 days after the discovery of a breach, unless
federal law requires a shorter time. By law, notice is
required for a breach that compromises a persons (1)
first name or initial and last name in combination with a
Social Security number; (2) drivers license or state
identification card number; or (3) account, credit, or
debit card number and any required security code or
password.
Additionally, the act requires that the notice include
an offer of at least one year of free identity theft
prevention and monitoring services. The notice must tell
a person how to (1) enroll in the services and (2) place a
freeze on his or her credit file. The act makes failing to
offer these services a CUTPA violation.

5 COMPREHENSIVE INFORMATION
SECURITY PROGRAM
The act requires each health insurer, HMO, and
related entity (company), by October 1, 2017, to
implement and maintain a comprehensive information
security program to safeguard the personal information
it compiles or maintains on insureds and enrollees. The
act specifies program requirements and requires the
program to be updated as necessary and practicable, but
at least annually.
Beginning October 1, 2017, each company must
annually certify to the Insurance Department, under
penalty of perjury, that it maintains a program in
compliance with the act. The insurance commissioner or
attorney general may request a copy of a companys
program to determine compliance. If either one
determines that the program is noncompliant, the
company must amend it to bring it into compliance to
the commissioners or attorney generals satisfaction.
The act requires each company that discovers an
actual or suspected security breach to (1) notify each
impacted state resident without unreasonable delay, but
at least within 90 days after discovering the breach,
unless federal law requires a shorter time; (2) offer
impacted residents at least one year of free identity theft
prevention and mitigation services; and (3) inform the
residents on how to enroll in the services and place a
freeze on their credit files. A company that fails to
comply with these requirements commits an unfair trade
pra